1910. CONGRESSIONAL RECORD-SENATE. 2935
By Mr. :MALBY: Petition of cltizens ot Richville, N. Y., Also, petition of Washington Playgrounds Association for a.n against repe..-il of the oleomargarine law-to the Committee on appropriation for children's playgrounds-to the Committee on :Agriculture. the District of Columbia. By Mr. :MANN: Petition of Jackson Park Lodge, No. 79, Also, petition of Associated Fraternities of America favoring Switchmen's Union of North America, in opposition to proposed House bill 17543-to the Committee on the Post-Office and Post increased rate of postage on periodicals-to the Committee on Roads. the Post-Office and Post-Roads. Aiso, petition of Philadelphia Board of Trade favoring Senate By Mr. MILLINGTON: Petition of C. D. Fairchild, Oris bill 1614 and House bill 3075, against government envelope print kany Falls, N. Y., for Grange No. 758, Patrons of Husbandry, ing-to the Committee on the Post-Office and Post-Roads. against any change in oleomargarine law-to the Committee on Also, petition of Charles Frederick Brusie, of Mount Pleasant Agriculture. Academy, of Ossining, N. Y., favoring House bill 15798-to the Also, petition of varions residents of Vernon, N. Y., in opposi Committee on Military Affairs. tion to proposed increased rate of postage on periodicals-to the Also, petition of Jamaica Bay Association, for an appropria Committee on the Post-Office and Post-Roads. tion to .deepen the waters of the upper Hudson River-to the By Mr. MURDOCK: Petition by citizens of McLouth, Jeffer Committee on Rivers and Harbors. sox. ~Jounty, Kans., against an increase in tbe postage rate of Also, petition of citizens of New York, in mass meeting, under periodicals-to the Committee on the Post-Office and Post the auspices o:f the United Spanish War Veterans, for an Rouds. appropriation to raise the wreck of the Maine-to the Com Also, petition of citizens of Quincy, Kans., for an amend mittee on Naval Affairs. ment to the National Constitution permitting women to vote Also, petition of Progressive Harbor, No. 9, American Asso to the Committee on the Judiciary. cia tion of Masters, Mates, and Pilots, of Norfolk, Va., for House Also, petition of residents of Latham, Kans., for a bill pro bill 20162-to the Committee on Labor. hibiting the white-slave trade-to the Committee on Immigra By Ur. SWASEY: Petition of Board of Trade of Portland, tion and Naturalization. Me., against Senate bill 5108-to the Committee on Interstate Also, petition of citizens of Quincy, Leon, and Latham, all and Foreign Commerce. in the State of Kansas, for a law prohibiting the interstate By Mr. TAYLOR of Ohio: Petition of F. R. Jaynes and other shipment of liquor-to the Committee on Alcoholic Liquor citizens of Columbus and Grogan, Ohio, protesting against the Traffic. passage of Senate bill 404 and House joint resolution 17-to Also, petition of citizens of Whitewater, Butler County, the Committee on the District of Columbia. Kans., against a postal savings-bank law-to the Committee on Also, petition of Starner-Copeland Company and other citizens the Post-Office and Post-Roads. of Columbus, Ohio, for repeal of the corporation-tax law-to the Also, petition of citizens of Hardwick, 1\finn., Oberlin, Kans., Committee on Ways and Means. and Neodesha, Kans., protesting against an increase of rates of By l\Ir. YOUNG of Michigan: Petition of citizens of the po tage on second-class mail matter-to the Committee on the Twelfth Michigan Congressional District, for an eight-hour law on Post-Office and Post-Roads. government works (H. R. 1544l)~to the Committee on Labor. By Mr. PLUMLEY: Papers to accompany bills for relief of Also, petition of Branch No. 94, Polish National Alliance, '.A.hira M. Buckman and Charles G. Capron-to the Committee against the Hayes immigration bill-to the Committee on Immi on Invalid Pensions. gration and Naturalization. By Mr. ROBINSON: Paper to accompany bill for relief of By Mr. WASHBURN: Petition of citizens of Massachusetts, George W. Allen-to the Committee on Im alid Pensions. against Senate bill 404, relative to Sunday observance-to the By Mr. RUCKER of Colorado: Resolution of the Colorado Committee on the District of Columbia. state board of horticulture, signed by the officers thereof, By Mr. VREELAND: Petition of Gwardya Kr61owej Jadwig, praying for the passage of Ilouse bill 16919-to the Committee of Dunkirk, N. Y., against the Hayes' immigration bill-to the on Agriculture. Committee on Immigration and Naturalization. By Mr. SABATH: Petition of citizens of New York City in ma s meeting, for an appropriation to raise the battle ship Maine-to the Committee on Naval Affairs. SENATE. Also, petition of Downtown Taxpayers' Association, for the eight-hour bill-to the Committee on Labor. WEDNESDAY, March 9; 1910. ' Also, petition of Towarzystwo Sztandar Polek Grupa, No. 633, Prayer by the Chaplain, Rev. Ulysses G. B. Pierce, D. D. Z. N. P., against the Hayes immigration bill~to the Committee on Immigration and Naturalization. NAMING A PRESIDING OFFICER. By Mr. Sl\Il1:'H of Iowa: Petitions of citizens of Silver City, Mr. KEAN called the Senate to order and directed the Sec Harlan, and Mmden, Iowa, for establishment of postal savings retary to read a communication from the President pro tem banks-to the Committee on the Post-Office and Post-Roads. pore, which was read as follows: UNITED STATES SE~.ATm, By Mr. Sl\HTH of Michigan: Petition of East Washington Washington, D. 0., March 9, 1910. Citizens' Association, for Senate bill 4624, branch library in the l hereby appoint Hon. JoHN KEAN, a Senator from New Jersey, to District of Columbia-to the Gommlttee on the District of Co perform the- duties of the Chair In the United States Senate this day, lumbia. I being necessarily absent. WM. P. B'nY:m, By Mr. SULLOWAY: Petition of Union Lodge, Knights of Presidmit pro tem.pore •. Pythias, of North Ilumpton, N. H., against Senate bill 1712 relative to uniform worn by fraternal organizations-to th~ Mr. KEAN thereupon took the cha.Ir as Presiding Officer, Committee on Military Affairs. and directed the Secretary tc> read the Journal o:f the proceed ings of the last legislative day. Also, petition of La Societ~ des Artisans Canadiens Fran~ais. of New Market, N. H., for House bill 17509, relative to fraternal joURNAL. publications in the mails-to the Committee on the Post-Office The Secretary proceeded to read the Journal of yesterday's and Post-Roads. proceedings, when, on request of Mr. LoDGE, and by unanimous By Mr. SULZER: Petition of Religious Liberty Bnreau consent, the further reading was dispensed with, and the Joui: ngainst Senate bill 404, relative to Sabbath observance in th~ nal was approved. District of Columbia-to the Cotntnittee on the District of Co OIVIIrSERVICE RETIREMENT IN NEW SOUTH WALE~ lumbia. The PRESIDING OFFICER laid before the Senate ·a com Also, petition of Urban A. WalteL", for an appropriation to pay munication from the Secretary of Commerce and Labor, trans expenses of railway mail clerks when on runs from home ter mitting, in response to a reso!ution of January )..1, 1910, a re minals-to the Committee on the Post-Office and Post:Roads. port relating to civil-service retirement in New South Wales, Also, petition of James E. Wesi:t Washington Playgrounds Asso which (with the accompanying paper) was referred to the ciation, for an appropriation for playgrounds for the children Committee on Civil Service and Retrenchment and ordered to to the Committee on the District of Columbia. be printed. (S. Doc. No. 420.) Also, petition of St. Louis Paint and Oil Club, favoring the food and drugs act of June 30, 1906, favoring board of scientific MESSAGE FROM THE HOUSE. experts on controverted points touching pure foods-to the Com A message from the House of Representatives, by w: J. mittee on Agriculture. Browning, its Chief Clerk,. announced that the House had dis Also, petiticm of Marine Trades Council against battle-ship agreed to the report of the committee of conference on the dis constl"Uction being given out to outside contractors-to the Com agreeing votes of the two Houses on the amendments of the mittee on Naval Affairs. Senate to the bill (H. R. J4464) making appropriations. to p~- 2936 CONGRESSIONAL RECORD-SENATE. MARoH 9,
vide for the expenses of the government of the District of Re also presented a memorial of the Chamber of Commerce of Columbia for the fiscal year ending June 80, 1911, and for Ker West, Fla., remonstrating against the enacbnent of 1egls- other purposes; insisted on its disagreement to the amend 1i:tion ,!o create a court of commerce and to amend the act en ments of the Senate, and asked a conference with the Senate titled .An act to regulate commerce," which was ordered to lie on the disagreeing votes of the two Houses thereon and had on the table. appointed Mr. GARDNER of Michigan, Mr. TAYLOR of 'ohio, and He also presented a petition of the trustees of the Internal Mr. BURLESON, managers at the conference on the part of the Improvement Fund of the State of Florida, praying for the House. enactment of legislation providing for the survey of the unsur The message also annotmced that the House had passed a bill veyed lands known as the Everglades, in that State which was (H. R. 21419) making appropriations for the service of the referred to the Committee on Public Lands. ' Post-Office Department for the fiscal year ending June 30 1911 and for other purposes, in which it requested the concurre~ce of Mr. PIL_ES presented a petition of Typographical Union No. th€ Senate. 202, .American Federation of Labor, of Seattle, Wash., praying for the passage of the so-called " eight-hour bill " which was ENROLLED BILL SIGNED. referred to the Committee on Education and Lab~r. The message further announced that the Speaker of the Mr. LODGE presented a petition of sundry citizens of Ho.use had signed the enrolled bill (H. R. 19558), an act to Brighton, Mass., praying for the passage of the so-called" eiO'ht authorize the Secretary of War to effect an exchanO'e of a cer hour bill," which was referred to the Committee on Education taili parcel of land owned by the United States for another and Labor. P:;trcel owned by the Cave Hill Cemetery Company, of Louis Mr. ORAWFORD presented petitions of sundry citizens of ville, Ky. Montrose, Huron, Minnehaha, and McCook counties, all in the PETITIONS AND MEMORIALS. State of. South Dakota, praying for the repeal of the bankruptcy Mr. SUTHERLAND presented a petition of the Utah Society law, which were referred to the Committee on the Judiciary. o.f the Sons of the .American Revolution praying for the reten- Mr. ROOT presented a memorial of the Chamber of Com t1on and strengthening of the Division of Information of the n;ierce of New ~ork City, N. _Y., remonstrating against the adop Bureau of Immigration and Naturalization in the Department tion °.fa certam clause contained in the so-called ' Elkins bill," of Commerce and Labor, which was referred to the Committee grantmg the Interstate Commerce Commission power over the on Immigration. coastwise and river shipping of the United States which was He also presented a petition of Local Union No. 658, United referred to the Committee on Interstate Commer\!e.' Brotherhood of Carpenters and Joiners of .America of Eureka He also presented a petition of the Rifle Club of Glovers Utah, praying for the passage of the so-called "eight-hour bill'" ville,. N. Y., and a petition of the Rifle Club of Auburn, N. Y., which was referred to the Committee on Education and Labo~. prayi~g for. the enactment of legislation to encourage rifle Mr. BRISTOW presented memorials of sundry citizens of practice, which were referred to the Committee on Military Kansas, remonstrating against the water supply of the Retch Affairs. H~hty Valley being used by the city of San Francisco, Cal., He also presented petitions of sundry chapters of the Na which were referred to the Committee on Conservation of Na- tional Society, Daughters of the American Revolution of Og- tional Resources. densburg, Greenwich, Cooperstown, Seneca Falls, Lima: Water- · He also presented sundry affidavits to accompany the bill ( s. town, Newburgh, and Huntington, all in the State of New York 4581) granting an increase of pension to Jesse L. Pelton which praying for the retention and strengthening of the Division of were referred to the Committee on Pensions. ' Information of the Bureau of Immigration and Naturalization He also presented sundry papers to accompany the bill ( s. in the Department of Commerce and Labor, which were referred 967) granting an increase of pension to Clifford Fetters which to the Committee on Immigration. were referred ·to the Committee on Pensions. ' He also presented a petition of the Memorial and Executive He also presented petitions of sundry citizens of Edgerton, Co~ttee, Department of New York, Grand Army of the Re Kans., praying for the enactment of legislation to prohibit the public, of Buffalo, N. Y., and a petition of Chapin Post, No. 2, sale of intoxicating liquors in government buildings and ships Department · of Ne~ York, Grand ·Army of the Republic, of which were referred to the Committee on Education and Labor: Buffalo, N. Y., praymg for the enactment of legislation provid- He also presented petitions of sundry citizens of Kansas, ing for the appoinbnent of Maj. Gen. Daniel E. Sickles retired praying for the enactment of legislation to prohibit the inter- to the position of lieutenant-general, United States Arrdy which state transportation of intoxicating liquors in prohibition dis- were referred to the Committee on Military Affairs. ' ricts, which were referred to the Committee on Interstate Com- Mr. l\IcENERY presented a petition of " Spirit of '76 " Chap- merce. ter of the National Society, Daughters of the .American Revolu- He also presented petitions of sundry citizens of Edgerton, tion, of New Orleans, La., praying for the retention and strength Great Bend, and Garden City, all in the State of Kansas, pray- ening of the Division of Information of the Bureau of Immigra ing for the enactment of legislation to prohibit the sale of tion and Naturalization in the Department of Commerce and intoxicating liquors in the Territory of Hawaii, which were re- Labor, which was referred to the Committee. on Immigration. ferred to the Committee on Pacific Islands and Porto Rico. Mr. OLIVER presented a petition of the executive board of He also presented a petition of sundry citizens of Edgerton, the Pittsburg Chapter of the National Society, Daughters of the Kans., praying for the enactment of legislation to prohibit the American Revolution, of Pittsburg, Pa., praying for the reten interstate transmission of race gambling bets, which was re- ti~n and strengthening of the Division of Information of the ferred to the Committee on the Judiciary. Bureau of Immigration and Naturalization in the Department He also presented a petition of sundry citizens of Kansas, of Commerce and Labor, which was referred to the Committee praying for the passage of the so-called "eight-hour bill," which on Immigration. was referred to the Committee on Education and Labor. He ~ls.o presented a memorial of Inland Council, No. 23, Loyal He also presented a petition of the city council of Arkansas Association, of Lancaster, Pa., and a memorial of McKeansburg City, Kans., praying for the enactment-of legislation to estab- Grange, N~. 1256, ~atrons of Husbandry, of New Ringgold, Pa., lish an agricultural experiment station on the Chilocco Indian remonstrating agamst the enactment of legislation to increase Reservation in that State, which was referred to the Committee the rate of postage on periodicals and magazines, which were on Agriculture and Forestry. referred to the Committee on Post-Offices and Post-Roads. He also presented a petition of the National Farmers' E Mr. GALLINGER presented a petition of the Board of Trade hibit the sale of intoxicating liquors in the Territory of of Rochester, N. H., praying for the enactment of legislation to Hawaii, which were referred to the Committee on Pacific conserve and protect the forest reservations of the country, Islands and Porto Rico. which was referred to the Committee on Forest Reservations He also presented a petition of sundry citizens of Glassboro, and the Protection of Game. N. J., praying for the passage of the so-called " eight-hour bill," He also presented a petition of the Chamber of Commerce of which was referred to the Committee on Education and Labor. Washington, D. C., praying for the enactment of legislation to He also presented petitions of the Woman's Home Missionary authorize the purchase of grounds for the accommodation of Society of Plainfield, of the Woman's Christian Temperance public buildings for the use of the Government of the United Union of Atlantic City, of the Woman's Christian Temperance States in the District of Columbia, which was ordered to lie Union of Metuchen, all in the State of New Jersey, and of the on the table. Friends' Temperance .Association, of Philadelphia, Pa., praying He also presented a petition of the Chamber of Commerce for the enactment of legislation to prohibit the sale of in of Washington, D. C., praying for the enactment of legislation toxicating liquors in government buildings and ships, which to provide for the payment of the debt of the District of Colum were referred to the Committee on Education and Labor. bia, and also for permanent improvements therein, which was He also presented a memorial of the National Lock Washer referred to the Committee on the District of Columbia. Company, of Newark, N. J., remonstrating against the enact Mr. MARTIN. I present a joint resolution of the legislature ment of . legislation to regulate the granting of restraining of Virginia, which I ask may be read and refen·ed to the Com orders and injunctions, which was referred to the Committee mittee on Irrigation and Reclamation of .Arid Lands. on the Judiciary. There being no objection, the joint resolution was read and BEPOBTS OF COMMITTEES. referred to the Committee on Irrigation and Reclamation of :Mr. HEYBURN, from the Joint Committee on the Revision of Arid Lands, as follows : the Laws, to whom the subject was referred, reported a bill Whereas the United States Government is spending large sums of (S. 7031) to codify, revise, and amend the laws relating to the money in reclaiming unproductive lands in some of the States of the West, charging the cost to the owners of the lands reclaimed, and col judiciary, which was read twice by its title. lecting it in small annual payments, thereby greatly increasing the Mr. MARTIN, from the Committee on Commerce, to whom value of the lands in those States; and were referred the following bills, reported them each with an Whereas there are thousands of acres of valuable lands in this State which are unproductive because of insufficient drainage, and which amendment and submitted reports thereon: can be made productive by deepening the channels of streams and by .A bill (S. 6793) authorizing the construction of a bridge digging canals through swamps, which would also add greatly to the across the Columbia River in the counties of Okanogan and health of our citizens who live on these streams and swamps: Therefore be it Douglas, Wash. (Report No. 360); and Resolved by the house of delegates (the senate concurring), That .A bill (S. 6794) authorizing the construction of a bridge our Representatives and Senators in the Congress of the United States across the Okanogan River, in the county of Okanogan, Wash. be, and they are hereby, requested to take such steps as may be neces sary to have the Government send experts into this State, who shall (Report No. 361). inspect these unproductive lands, especially in the section known as Mr. NELSON, from the Committee on the Judiciary, reported Tidewater Virginia, and report the probable number of acres which an amendment providing that hereafter judges of the district can be reclaimed, where located, and the probable cost of reclaiming the same. court of the United States shall be allowed the sum of $6 Agreed to by house o:f delegates February 25, 1910. _ a day as expenses of travel, etc., intended to be proposed to JOHN W. WILLIAMS, the sundry civil appropriation bill, and moved that it be re Clerk of House of Delegates. ferred to the Committee on .Appropriations and printed, which Agreed to by the senate February 25, 1910. was agreed to. M. B. BOOKER, Mr. McCUMBER, from the Committee on Pensions, to whom Cle1·k of Senate. were referred the following bills, reported them severally with Mr. KE.AN presented a petition of Bayard Post, No. 8, De amendments and submitted reports thereon : partment of New Jersey, Grand .Army of the Republic, of Tren .A bill (H. R. 19959) granting pensions and increase of pen ton, N. J., praying for the enactment of legislation authorizing sions to certain soldiers and sailors of the civil war and cer the appointment of Maj. Daniel E. Sickles, retired, as a lieu tain widows and dependent relatives of such soldiers and tenant-general, United States Army, which was referred to the sailors (Report No. 362) ; Committee on Military Affairs. .A bill (H. R. 20480) granting pensions and increase of pen He also presented the petition of F. M. Dennis, of South . sions to certain soldiers and sailors of the civil war a..n.d certain Bound Brook, N. J., praying for the passage of the so-called widows and dependent relatives of such soldiers and sailors "parcels-post bill," which was referred to the Committee on (Report No. 363) ; and · Post-Offices and Post-Roads. .A bill (H. R. 20490) granting pensions and increase of pen He also presented a· petition of the Society of Circles on the sions to certain soldiers and sailors of the Regular Army and Square, Warren Township, Plainfield, N, J., praying for the Navy, and certain soldiers and sailors of wars other than the passage of the so-called "parcels-post bill," and remonstrating civil war, and to widows and dependent relatives of such agamst any increase being made in the rates of postage on soldiers and sailors (Report No. 364). · second-class mail matter, which was referred to the Committee Mr. CL.A.PP, from the Committee on Indian Affairs, to whom on Post-Offices and Post-Roads. was referred the bill ( S. 6965) for the relief of Samuel w. He also presented a memorial of Towarzystwo Br. Porn. Campbell, reported it without amendment and submitted a re Gwizada Wolnosci, of Newark, N. J., remonstrating against the port (No. 365) thereon. enactment of legislation. to further regulate the immigration :Mr. JONES, from the Committee on Public Lands, to whom of aliens into the United States, which was referred to the was referred the bill (S. 5432) to grant certain lands to the Committee on Immigration. city of Seattle, .Wash., for the protection of the source of its He also presented a petition of Oak Tree Chapter of the water supply, reported it with an amendment and submitted a National Society, Daughters of the .American Revolution, of report (No. 366) thereon. Salem, N. J., praying for the retention and strengthening of the Division of Information of the Bureau of Immigration and BILLS AND JOINT RESOLUTIONS INTRODUCED, Naturalization in the Department of Commerce and Labor, Bills and joint resolutions were introduced, read the first time, which was referred to the Committee on Immigration. and, by unanimous consent, the second time, and referred as He also presented petitions of Calumet Council, No. 39, Loyal follows: · Association, of Jersey City; of Essex Council, No. 27, Loyad By Mr. CULLOM: Association, of East Orange; of Capital City Council, No. 7, A bill (S. 7032) for the relief of Oakbowery Church, of Chero Loyal .Association, of Trenton; of Highpoint Council, No. 120, kee County, .Ala. (with an accompanying paper); to the Com Loyal .Association, of Weehawken; of South .Amboy Council, mittee on Claims. No. 426, Knights of Columbus, of South .Amboy; of Rahway By Mr. BURROWS: Council, No. 1146, Knights of Columbus, of Rahway; and of .A bill ( S. 7033) to correct the military record of Almon H. Hobart Council, No. 40, Loyal .Association, of Summit, all in McNinch and grant him an honorable discharge (with an ac the State of New Jersey, praying for the enactment of legisla companying paper) ; to the Committee on Military Affairs. tion providing for the admission of publications of fraternal .A bill (S. 7034) for the relief of George Davis (with an ac- societies to the mails as second-class matter, which were re companying paper); to the Committee on Clil.ims. ferred to the Committee on Post-Offices and Post-Roads. By Mr. SIMMONS : He also presented petitions of the Woman's Home Mission .A bill ( S. 7035) granting a pension to Robert H. Cowan~ ary Society, of Plainfield, and of members of the Grace M~th A bill ( S. 7036) granting a pension to .Jerry Ramsey ; odist Episcopal Sunday school, of Plainfield, in the State of A bill ( S. 7037) granting an increase of pension to Thomas New Jersey, praying for the enactment of legislation to pro- M: Wilson (with an accompanying paper) ; 2938 CONGRESSIONAL RECORD-SENATE. MAROII 9, A bill (S. 7038) granting an Increase of pension to William the river and harbor appropriation bill, which was referred to H. Stanley (with an accompanying paper); the Committee on Commerce and ordered to be printed. A bill (S. 7039) granting an increase of pension to Enoch He also submitted. an amendment relative to procUl'ing in- Rector (with an accompanying paper); and creased depths in the south channel of the Mystic River, Boston A bill (S. 7040) granting an increase of pension to .Joseph D. Harbor, .Massachusetts, intended to be proposed by h.im to the Bradley (with an accompanying paper); to the Committee on river and harbor appropriation bill, which was referred to the Pensions. Committee on Commerce and ordered to be printed. By Mr. OLIVER: Mr. SMITH of Maryland submitted an amendment proposing A bill (S. 7041) granting a pension to Catherine Ellmaker to increase the appropriation for improving the harbors at Gunkle (with accompanying papers); and Rockhall, Queenstown, Claiborne, and Cambridge, Md., etc., to A bill ( S. 7042) granting a pension to Patrick Moore; to the $80,000, intended to be proposed by him to the river and haroor Committee on Pensions. appropriation bill, which was referred to the Committee on By Mr. BANKHEAD: Commerce and ordered to be printed. A bill (S. 7043) for the relief of Turner .Tones; He also submitted. an amendment proposing to increase the A bill (S. 7044) for the relief of the heirs of Calvin Lacy; 1 appropriation for improving the northwest fork of Nanticoke A bill ( S. 7045) for the relief of R. D. Crosthwaite, adminis- River, Maryland, etc., to $15,000, intended to be proposed by trator; and · him to the river and harbor appropriation bill, which was re- A bill ( S. 7046) for the relief of A. J. Southard; to the Com- ferred. to the Committee on Commerce and ordered to be mittee on Claims. printed. • By Mr. PERKINS: He also submitted an amendment relative to the survey of A bill (S. 7047) to provide for the administration of naval Winchester Harbor, Maryland, intended to be proposed by him discipline in certain cases; "to the Committee on Na>al Affairs. to the river and harbor appropriation bill, which was referred A bill (S. 7048) granting a pension to Thomas P. Clark; to to the Committee on Commerce and ordered to be printed. the Committee on Pensions. He also submitted. an amendment relative to removing the By Mr. BURKETT: bar at the mouth of Slaughter Creek, Maryland, intended to be A bill (S. 7049) granting an increase of pension to John H. proposed by him to the river and harbor appropriation bill, Coonrod; to the Committee on Pensions. which was referred to the Committee on Commerce and ordered A bill (S. 7050) to correct the military record of Smith to be printed. Phillips; to the Committee on l\filitary Affa.irs. He also submitted an amendment relative to the construction By l\Ir. BORAH: - of a waterway connecting Pocomoke Sound and Little Anna- A bill (S. 7051) granting an increase of pension to Lorinda messex River, Broad Creek, Maryland, intended to be proposed E. Thayer (with accompanying papers); by him to the river and harbor appropriation bill, which was A bill ( S. 7052) granting a pension to Elizabeth Parker referred to the Committee on Commerce and ordered to be (with accompanying papers); and printed. A. bill ( S. 7053) granting a pension to Josephine l\I. Buck Mr. M01-.."'EY submitted an amendment proposing to increase (with accompanying papers); to the Committee on Pensions. the appropriation for improving the harbor at Gulfport, Miss.~ By Mr. KEAN: to $100,000, intended to be proposed by him to the river and A bill (S. 7054) granting an increase of pension to James R. harbor appropriation bill, which was referred to the Committee Purcell (with an accompanying paper); to the Committee on on Commerce and ordered to be printed. Pensions. l\Ir. FLINT submitted an amendment relative to the survey By Mr. JONES : of San Rafael Creek, California, intended to be proposed by A bill (S. 7055) providing for the disposition of power sites him to the riYer and harbor appropriation bill, which was re on the public domain, and for other purposes; to the Com- ferred to the Committee on Commerce and ordered to be mittee on Public Lands. printed. By Mr. PILES: PRICES AND WAGES. A bill ( S. 7056) to extend the time for construction and be- ginning construction of the Alaska Short· Line Railroad in l\Ir. LODGE. l\fr. President, I desire to ask for a reprint of Alaska; to the Committee on Territories. Senate Document No. 355, Twenty-fourth Congress, first session. By Mr. SMITH of Maryland: I venture to say that I think this document will be of some A bill (S. 7057) for the relief of Pay Director Worthington interest at the present time in connection with the matter of Goldsborough, u. s. Navy (with an accompanying paper); to prices and wages. It was brought to my attention yesterday. the Committee on Naval Affairs. It is a report of the Secretary of the Treasury in regard to an By Mr. CHAMBERLAIN: increase in the salaries of clerks, owing to the great advance in A joint resolution (S. J. Res. 85) authorizing an investiga- the co t of liying at that time. In the report there is embodied tlon into the facts and circumstan~es attending the death of a transcript from the account book of a clerk, showing his ex Lieut. .Tames N. Sutton at the United States Naval Academy, penditUl'es from day to day. Several articles are grouped to Annapolis, Md., on he 13th day of October, 1907; to the Com- gether, so that it is very difficult to determine what he paid for mittee on Naval Affairs. eaeh article, but there are some items which I think it will be By Mr. RICHARDSON (by request) : found to be of great interest to compare with certain prices. A joint resolution (S. J. Res. 86) proposing an amendment For example, he was paying 14 cents a pound for sugar and $8 to the Constitution acknowledging the Diety in this foundation a barrel for flour. He was paying $1 a gallon for illuminating document of the Government; to the Committee on the .Judiciary. oil, and he was paying 75 cents a day to a laborer for a. day's By Mr. SCOTT: . work. A joint resolution (S. J. Res. 87) authorizing the Secretary I think the document, in connection with the present inquiry, of the Treasury to make an investigation by special agent, or will be found to be of very general interest. · otherwise, of sites, Reeds for public buildings, etc.; to the Com- · l'i1r. CLAPP. How many years ago was the report made? ds Mr. LODGE. In 1836. mittee on Public Buildings and Groun · Mr. CLAPP. The Senator is not speaking from memory? AMENDMENT TO POST-OFFICE APPROPRIATION BILL. l\fr. LODGE. I am speaking from the printed report-Senate l\Ir. BURROWS submitted an amendment providing tha.t Document No. 355 of the Twenty-fourth Congress. after .Tune 30, 1910, clerks of post-offices of the first-class shall Mr. BACON. I want to suggest to the Senator from Massa. be required to work not exceeding forty-eight hours each ' chusetts that at the same time it cost 10 cents a mile to travel. week, etc., intended to be proposed by him to the post-office whereas now one can travel for 2 cents a mile, in add.Loon to appropriation bill, which was referred to the Committee on Uke changes all along the line. Post-Offices and Post-Roads and ordered to be printed. There being no objection, the order was reduced to wr!ting AMENDMENTS TO RIVER AND HARBOR BILL. and a.greed to, as follows: Ordet·ed, That 300 copies of Senate Document No. 355, Twenty-fourth Mr. NELSON submitted an amendment relative to improving · Congress, first session, report from the Secretary of the Trea ury, tn the Mississippi River from St. Paul to Minneapolis, intended to compliance with a resolution of the s~ate, relative to increase of the be proposed by him to the river and harbor appropriation bill. salaries of clerks, etc., be printed for the use ot the Sena.te document which was referred to the Committee on Commcerce and ordered room. to be printed. MISSOURI BIVER BRIDGE. Mr. LODGE submitted an amendment providing for a survey Mr. WARNER. I ask unanimous consent for the present of the Weymouth Fore River, with a view to straightening and consideration of the bill (S. 6662) to authorize the Atchison, improving the channel, etc., intended to be proposed by him to Topeka and Santa Fe Railway to construct and maintain a 1910. CONGRESSIONAL RECORD-SENATE. 2939 bridge across the Missouri River in the neighborhood of Sibley, Margaret Rice Sanford, widow of Henry H. Rice, late of Mo., and to remove the existing structure. Company H, Eighth Regiment Massachusetts Militia Infantry, The PRESIDING OFFICER. The bill will be read, subject $12. to objection. Davis W. Webb, late of Companies H and A, Tenth Regiment The Secretary read the bill; and there being no objection, Kansas Volunteer Infantry, $30 per month in lieu of that he is the Senate, as in Committee of the Whole, proceeded to its con now receiving. sideration. Daniel B. Morris, late of Company D, Seventh Regiment Ken The bill was reported from the Committee on Commerce with tucky Volunteer Infantry, $24 per month in lieu of that he is amendments. now receiving. The first amendment was, in section 1, page 1, line 9, after David Cole, late of Company B, Seventeenth Regiment Mas the words " .Missouri River," to insert " at a point suitable to sachusetts Volunteer Infantry, $30 per month in lieu of that he the interests of navigation," so as to read: is now receiving. That the Atchison, Topeka and Santa Fe Railway Company is hereby Harlan P. Sherwin, late of Company H, Fourteenth Regiment authorized to construct, maintain, and operate, in connection with its Vermont Volunteer Infantry, $24 per month in lieu of that he railway, and in accordance with the provisions of an act entitled "An act to regulate the construction of bridges over navigable waters," ap is now receiving. proved March 23, 1906, a new bridge across the Missouri River, at a Willoughby Schaffer, late of Company G, One hundred and point suitable to the interests of navigation, in the neighborhood of seventy-sixth Regiment Pennsylvania Drafted Militia Infantry,. Sibley, Mo., and in the vicinity of its existing bridge now constructed and mantained under authority of the act of Congress approved March $24 per month in lieu of that he is now receiving. 3, 1887, chapter 349. Neil McDougall, late of Company C, Fifth Regiment New The amendment was agreed to. York Volunteer Heavy Artillery, $30 per month in lieu of that The next amendment was, on page 2, line 4, after the words he is now receiving. " chapter 349," to strike out the remainder of the section and John S. Herwick, late of Company I, Second Regiment Iowa to -insert the following proviso : Volunteer Infantry, $36 per month in lieu of that he is now re ceiving. Provided, That the superstructure and piers of the existing bridge shall be completely removed down to a plane of 15 feet below standard William H. Ashwill, late of Company G, Eighth Regiment In low water within one year from the date o! completion of the new diana Volunteer Infantry, $30 per month in lieu of that he is bridge herein authorized. now receiving. The amendment was agreed to. George W. Rollman, late of Company K, One hundred and The bill was reported to the Senate as amended, and the thirty-first Regiment, and Company C, Twenty-ninth Regiment, amendments were concurred in. Illinois Volunteer Infantry, $36 per month in lieu of that he is The bill was ordered to be engrossed for a third reading, read now receiving. the third time, and passed. · John Lang, late of Company F, Third Regiment New York Volunteer Infantry, $24 per month in lieu of that he i_s now PENSIONS AND INCREASE OF PENSIONS. receiving. Mr. McCUMBER. I ask unanimous consent for the present Hiram B. Gould, late of Company I, First Regiment New consideration of the bill ( S. 6932) granting pensions and in Hampshire Volunteer Heavy Artillery, $30 per month in lieu of crease of pensions to certain soldiers and sailors of the civil that he is now receiving. war and certain widows and dependent relatives of such sol James Martin, late of Company D, Sixth Regiment New diers and sailors. York Volunteer Heavy Artillery, $30 per month in lieu of that The Secretary read the bill ; and there being no objection, he is now receiving. the Senate, as in Committee of the Whole, proceeded to its con David E. Cross, late of Company C, Tenth Regiment Minne sideration. sota Volunteer Infantry, $30 per month in lieu of that he is now R. Ella Cooper, widow of Stearns F. Cooper, late captain receiving. Company M, Second Regiment Nebraska Volunteer Cavalry, $20 per month in lieu of that she is now receiving. Mary E. Howe, widow of Hiram Howe, late of Company E, William H. Hall, late of Company F, Sixth Regiment West Twentieth Regiment New York Volunteer Cavalry, $20 per Virginia Volunteer Infantry, $24 per month in lieu of that he month in lieu of that she is now receiving. is now receiving. Chancey Williams, late of Company A, Fifty-first Regiment Ambrose F. Wade, late of Company A, Fourteenth Regiment Ohio Volunteer Infantry, $24 per month in lieu of that he is now Pennsylvania Volunteer Cavalry, $30 per month in lieu of that receiving. he is now receiving. George W. Boggs, late second lieutenant, Company G, Tenth John Ryan, alias John Connell, late of Company C, Eleventh Regiment Ohio Volunteer Cavalry, $30 per month in lieu of that Regiment New Jersey Volunteer Infantry, $30 per month in he is now receiving. lieu of that he is now receiving. Peter J. Dresser, late of Company K, First Regiment District Isaac Hollister, late of Company B, Twenty-ninth Regiment of Columbia Volunteer Cavalry, and Company A, First Regi Iowa Volunteer Infantry, $40 per month in lieu of that he is ment .Maine Volunteer Cavalry, $24 per month in lieu of that he now receiving. is now receiving. Francis M. Johnson, late second lieutenant Company D, William M. Post, late of Company C, Second Regiment Iowa Eleventh Regiment Maine Volunteer Infantry, $30 per month Volunteer Cavalry, $30 per month in lieu of that he is now in lieu of that he is now receiving. receiving. Auguste E. Bourquin, late of Company K, First Regiment Henry T. Snyder, late of Company D, Fourth Regiment Iowa Missouri Volunteer Light Artillery, $30 per month in lieu of Volunteer Infantry, $30 per month in lieu of that he is now that he is now receiving. receiving. William Myers, late of Company H, Ninety-ninth and Fif Thomas J. Carr, late of Company B, Seventy-ninth Regiment tieth Regiments Ohio Volunteer Infantry, $24 per month in lieu Indiana Volunteer Infantry, $30 per month in lieu of that he is of that he is now receiving. . now receiving. Joseph A. Root, late of Company G, Third Regiment Illinois ·Joseph Pyles, late of Company H, First Regiment Ohio Vol Volunteer Cavalry, $24 per month in lieu of that he is now unteer Infantry, $30 per month in lieu of that he is now re receiving. ceiving. Jacob Christina, late .of Company B, Forty-third Regiment Henry K. Murphy, late of Company G, Fifteenth Regiment Missouri Volunteer Infantry, $30 per month in lieu of that he is Ohio Volunteer Infantry, $30 per month in lieu of that he is now receiving. now receiving. Thomas Uttley, late of Company A, Forty-ninth Regiment John Stephens, late of Company K, Nineteenth Regiment Illi New York Volunteer Infantry, $30 per month in lieu of that he nois Volunteer Infantry, $50 per month in lieu of that he is now is now receiving. receiving. Benjamin C.- Sparks, late of Company D, Fortieth Regiment Thomas J. Ausbourne, late of Company K, Fourteenth Regi Iowa Volunteer Infantry, $30 per month in lieu of that he is ment Wisconsin Volunteer Infantry, $30 per month in lieu of now receiving. that he is now receiving. William G. Lewis, late of Company F, Sixty-first Regiment Henry C. Babb, late of Company B, Eighth Regiment Iowa Illinois Volunteer Infanti·y, $24 per month in lieu of that he Volunteer Cavalry, $24 per month in lieu of that he is now re is now receiving. ceiving. Augustus F. French, late of Company F, Fifteenth Regiment Augustus S. Boughton, late of Company A, Forty-ninth Regi Vermont Volunteer Infantry, $30 per month in lieu of that he ment Wisconsin Volunteer Infantry, $24 per month in lieu of is now receiving. that he is now receiving. 2940 CO-NG-RESSIONAL RECORJJ-SENATE. MARGH 9, John l\IcCracken, late of Company H', Fourteenth Regiment Adtlm M. Conner; wfd'ow of Josiah Conner, alias· Cyrus- B. Illinoi.S Valu:nteer .Infantry, $30 per month in· lieu et tl'lat fie- fSJ Millett, late of Corny-any Hl First Regiment Maine. Volunteer now receiving. · Heavy Artillery, $12. George B.- Peal'l, late' ot Company F, Twentjr-third: Regfment: Joseph Coates, late of Company G, One hundred and fiftieth Wi.sconsin Volunteer Infmrtry, .$30i per month. in lieu of" that Pennsyivanfa Voiunteer-Infuntry, $30- per month· in neu of' that he is now receiving. · he- is now receiving. Jolin_ D. Hohron, late- capta:in of liold,. U. ~ S. North CJaro-· Sarah S. Mendenhall, widow of Alexander Mendenhall, late Zina~ Somerset~ and Savannali, United States Navy; $24- per: of Company K; Forty-second Regfment !frssouri Vofunteer month in lieu. of that he is now receiving. Infantry, $12. Frank Morgan, late ot Company G~ Seeun:d Battalion, Four- Samuel P. Dale, lam of- Company K,. On~ hundred and thircy- teenth ~giment United Statea In!antryr $24- pel'-month in lieu.i seventh Regiment Indlana Volunteer Infantry, $30 per month of that he is now receiving. In lieu of that he lg n-0w receiving. Catlulrtne Cahill,. widow ot Edward Cahill,. late of Company Eliza Braina:rd, wido.w· of John M~ Brainard, rate of· Company · E, Ninth Regiment Connectfeut Volunteer- Tnfantcy, $16 per C, Twelfth Regiment Connectic.ut Voiunteer Infantry, $20 p.er month In lieu of that she is now receiving. month in llerr of. tliat she. 1& now receiving. · Frank M. ;Barry, late of. Com.nany E, Eighty-ninth Regiment'. Susann.re A. Johnso~ widow of En.gene W. Johnson, late aet- Illinoia Volunteer Infantry, $=30 · per- month. in. lieu. of that he. is· fng assistant surgeon,_ United! States· Ar.my, $12. now receiving. Orvilla V. Percy, lata of Company L,. EleventlL Regiment llicli- Cassel E. :Mc.Coy, latei of Comp:anj'l G, One hundred and igan Volunteer Cavalry, $30 per month in lieu of that-he: Is-now twelfth Regiment Il.llnnis Volunteer- Infantry, and unassigned, receiving. Seventy-ninth Regiment Indiana Volunteer Infantry, $30· .Qer Henry HDss. late of Company II,. Eighth Re~'ment Tennessee month in. lien_ ot that he ls nuw receiving; V~l1!11teer Cavalry, $30 per montlL in lieu_ of- tt he rs now re- Almont Silsby;. late' of' Company K,, Eighth Regiment Vermont ce1vrng: Volunteer Infantry, $24 per montJ?. In lieu of that he is now re- Joseph 1\I. Kimball, late of Companies- B and H, Seventeenth eeiving; . Regiment United States Infantry, $24 per month in lieu. of that John. C. Bettis, late: of Company- F, First Reglment Vermont he. is now receiving. Volunteer Infantry, $24 per month in lieu of that he is now Thomas S. Stephens, late of Company E, Thirty-second Regl- receiving. ment Kentucky Volunteer Infantry, $24 per· month in lieu of Joseph David,. late- ef Comyany E, First Regiment Kentucky· . that he ls now receiving. VolHnteer Ca1mJry, $24: per month in lieu: of that he is now re- Celia Jenks, widow of Marcellus Jenks,. late of Company. L, ceiving. First Regiment Vermont Volunteer Heav:v. Artillery, and Com- Ella Palmei; widQW of Frank Palmer, late second. llantenant pany K, First Regiment New Hampshire. Volunteer Cavalry, $12. Compan-y D, Eig'hteentlL Regiment Penns;y:Ivania Volun.tee.i~ Cav- Charles M. Long, alias Max Von Rogester, late of Company alry, $16 per month in lieu of that she is now receivfug. H, Fourth Regiment, and Company· B, Ninth Regiment, New John H. Morga~ late of Company G, Fifty-third Regiment York. Vmunteer Cavalry,_ $24.. per month in lieu of. that he is Kentu~ky Volunteer- Infantry~ $24 {!er- month in lieu of that now receiving._ he is now receiving. Mary. L., B. Mc:Bride,o widow: of- Robert M. l\.IcBride, late cav- Samuel Willard, late surgeon Ninety-seventh Regiment Illl- tam_ Company F,. Seventy-second Regim.en:t Pennsylvania Vol'* n:ois: Volunteer- lnfil..ntry, $40 pei: month in. Ilen: of that he is unteer Infantry, $12. now receiving. Warren L Buzze~ late o.t: Company· c. Twenty-eighth Regl- Leonard. B Co:cliss:, late ef. Troop A,., Second; Regiment United ment- Maine. Volunteer Ihfantry,, $30 per mun.th illl lteu of that States. Cava'Iry,. $30 per montll,. in lieu. ot that ha is now re- he is now receiving. ceiving. Samuel E. Tuttle; lafe principal musician:, band~ On:e. h.nru:tred Charles G Hastings, late of Coml}any G,. Fifteenth Regiment . and seventeenth Regiment Illinois: Volunteer I.ilfuntry,, $:M per New York. Volunteer Engineers, $24 per month. in lleu of that month in lieu o:t tha:t. he· is· now r_eceiving;. he is- now recefving. Albert. Siler, late of Company B, Seventy-ninth Regiment Illl- William H. Pleasant, late of Company R, Fourth Regiment nols. Volunteer In!a:n:b:y $30 per .mon:tl:l in_lieu : of· tlla t he is now Tennessee Volunteer- Infantryl· $24 per month in lieu. of that receiving. lie fs now receiving. Samuel Brockway, late of Company F, One hundred and Minnie E. Lloyd, widow of Edward F. Lloyd, late. lieutenant- eighty-third. Regimerrt PennBylvani.a: Volunteer- Infantry,. $24: colonel One- hrmdred and_ nineteenth Regiment New York. Vol- per month in lieu of that he is now receiving._ unteer Tufarrtry; $40 per month: fu lieu of that she ls now re- George W. Farrington,, late of Company ~ Eleventh R:egi- ceiving. ' ment United. States Infantry, $3(} })er month. in lieu ot that he William Wansbrough, late first lieutenant O>mp.any D, One is now receiving. hundred and thirty-fifth Regiment Ohio Natrona! Guard Infan- David Barcus; late of. Company G, First Regiment West Vir- try, $30 per month in lieu of that he fs now receivfng. ginia Volrmteer· Infantry~ and Comnany D;. Second Regiment Charles W. Culbertson. late first lieutenant Company D, One West Virginia Veteran Volunteer Infantry, $M per m<>nthr in hundred· and ele"Venth Regiment" Pennsylvania Volunteer In- lieu of that he· is now receiving. fantry, $3() per month' in Herr of tliat he is now receiving. Thomas Welsh, late: of Battery ~ Secorut Regiment Illinois George W . .Graves, late first lieutenant Company A,. Sixteenth Volunteer Light Artillery, ~3() . per month in lieu of that he is Regiment Wisconsfu Volunteer" Ihfu.ntryl $30 Pel'" month fu lieu now: reeeiving_., of" that he is now· re:eeiving: Sarah R. HelsbyL widow of Thomas, H.. Helsby, late assistant Susan E. Gaffney helpless and dependent daughter of' Pat- surgeon, United States Army, $20 per montb in lieu ot that sh.e rtclr Gaffney, late oi lJ. s-. S'. Ohimo, United States-Navy; $-12. is now. receiving: . George W. Sparks late-of Company D Becorrd Regiment Colo- ML McCUMBER.. On page 10, lme 6, before, the word rado Volunteer In.faiitry, and Company F, First Regiment Colo- "dollars," I move to strike out "sixteen" and insert" twenty.," rado: Voluntee'l'· Cavalry, $30· pet" month in lleu o:f that he iS' now sa as ta read: receiving-· The. nam~ of Ell.a PalJ?ler, widow of- Frank Pru.mer, late seeorul John Murray late musician band Ninth Reatment Massa- lieutenant Company D. E1gh.teenth Regiment Pennsylvania V:o~un.teer ' • • • • 0 • Cavalry, and pay her a pension at the rate of. $20 pei: month m Ileu chusetts: Volunteer Infantry, $24 per month. m lieu ot that he is of" that she· is now receiv:ing. now receiving:_ The amendment was agreed to. Henry Walters, late of Company M, Fom.:teenth Regiment :Mr. ROOT. Mr. President may I inquire if I am correct Illinois: ':o~unteer Cavairy, $24 peir month in lieu of that he is in supposing· that tltis is net the- bill hich extends pensions now receNing.. to the widows of· soldi~s married since 1sgo? Lewis J. Laws, late of Company E, One hundred and eighth Mr. McCUMBER. . My attention was engaged for the mom.ent Regiment Illinois Volunteer Infantry, $30' per month in lien of and I did not. hear the- Senator- from New York. that Ile· is n"Dw receiving. " Mr. ROOT. :r wish to be certain that this bill is not the bill Catharine Cooper, widow of James B. Cooper, late of Co.m- which extends the right to pensions to the widows of· soldiers pany Hand captain. Company K, Thirty-fifth R-egiment Missouri married since 1890. Volunteer Infantry, $20 per month in. lieu err that sfie is: now Mr. McCUMBER. It is not. That' bill is now on the· calen- receiving. dar. This is an omnibus-- Remy M. Ramsey, late- 0:f Company G, Foi:ty...geventh Regi- Mr~ ROO'r. When that bill comes up for consideration, I me.nt Kentucky Volunteer Infantry, $24 per month in lieu of hope· that it will no·t be- acted upon without my having- an that he is now receiving. opportunity to express my opposition to it. 1910. CONGRESSIONAL RECORD-SENATE. 2941 Mr. McCUJ')IDER. 1 will 'Say to the Senator that this bill is It was held in the other body, and very likely properly held, simply an omnibus bill g.athering together several of the private that the conferees exceeded their auth-0rity in striking from pension bills. When the other bill eomes up I should lik-e to the bill th~ appropriation, as that was not in contro\ersy, and have the Senator present., -Of .ROV ALS. Mr. GALLINGER, Mr. ELKINS, and Mr. FosTER the conferees on A messa~ from the President of the Unlted Smtes, by JU. C. the part of the Senate at the further conference. L tta, one of his secretaries, announeed that the President had HOT SPRINGS STREET BAlL'\VA.Y. npproved and signed the :following aets': Yr. CLARK of Wy<>ming. From the Oommittee on Public On March 3, 191.0 ! Lands, on behalf of the Senator from Arkansas [Mr. D.Avrs], I S. 6271. An act granting pensions nnd increase of pensions to report back without amendment the bill (H. R. 13899) granting certain soldiers and sailors of the civil war and certain widows unto the Hot Springs Street Railway Company, its successors 1l.Ild d~endent relatives of :such soldiers ruid sallors; and assigns, the right to .maintain and operate its electric rnil S. 207'2. An net for the relief of John Reed. alias fichael wa:y along th~ southern border of that portion of the Bot Flanagan; Springs Reservation, in the State of .A.rkansas, known as the S. 24:45. .A.n ad fo:r the .relief of Peter Fleming; and " Whittington Lake Reserve Park,n and I submit a report (No. S. 4672. An .net for tbe relief of William Keyes. 359) thereon. · On March 5, 1.910; Mr. CLARKE of Arkansas. I ask unanimous consent for the S. 6072. An et granting pensions and inerease of pensions to present consideration. of the bill. certain ;soldiers and sailurs of the eivil war and certain widows The Secreta.ry read the bill, and, there being no objection. the and dependent relatives of such soldiers and sailors; and Senate, as in Committee of the Whole, ,Proceeded to its consid S. (3051. .An act t<> authorize the Louisville and Na.slinlle Rtlil eration. roa..d Oompany to r'0Con.struet,, maintain, and operate Us railway The bill was reported to the Senate without amendm~t, bridges a:cr-0ss the Escambia Bay, Choctawhatchee Rh-er., and ordered to a third reading, read the third time, and passed. Apalachicola River, in the State of Florida- .Mr. GALLINGER. I ask for the regular order. On l\l:areh 8, 191'0 : The PRESIDING OFFICER. The calendar under Rule VIII . S. 4639~ .An ,act eoncerning tonnage ·duUes oo vessels entering is in order. otherwise than by sea ; and S. 5697. An act to auth-0rize the change of name of the steam Sl'.A.TUE OF E."'(-GOVERNOB .FRANCIS l:I. PIERPONT. ers A. B~ W-0lvin and Cambria, owned by the Port Huron and Mr. SOOTT. Mr. President, I gave notice yesterday thnt on Duluth Steamship Company. April 2 I would ask the Senate to engag~ in e.~erctses appro- priate to the reception of the statue of ex-G<>vernor Francis H. • HOU.SE BlLL REF.ERRED. Pierpont from the State of West Virginia. I observe on the . R. n ~ 21n'9. An aet making appropriations ft:n~ the service of 'Calendar this morning that there are to be two series r0f eulo i:he Post-Office Department for the fiscal yeu ending June t')O, gies deliV&'ed on that day. and I wish to chang~ the date (Jf 1911, and foT 0th.er 1nrrposes, was read twice ,by its title and those exercises from April 2 to April 9. Teferred the t',ommittee 'On Post-Otfices and P'()st-R'Oads. to FIRE INSURANCE CLAIMS IN HA.WA.II. DISTRICT OF UOLUMBiA A.PPROJ>RIA'Trc>N BILL. Mr. CRAWFORD. I ask unanimous eonsent for the imme Mr. GALLINGER. 1 ask that the action <>f the House of diate consideration of the bill (S. 3806) t<> reimburse certain Representatives in reference to the District of Columbia .appro 'fire insuran~ companies the amounts paid by them tor property priation bill be Jaid be.f<>re the Senate. destroyed by fire in suppressing th-e buoonic pla.goo in the Terri The PRESIDING OFFICER laid before the Senate the action tory of Hawail m th-e years 1899 and 1000. <>f the House of Representatives disagreeing to the report of The PRESIDING OFFICER. The regnla?' or~er hns been the committee of conference on the disagreeing votes of the two a.:sked for, which is th1:! ealendar under Rule VIII. -Houses on. the bill ( H. R. 14464) maldng. appro.priations to pro Mr. GALLINGER. I will not insist on ealUng f-0r the -regu vide for the expenses of the government of the District of Co lar order if the Sena tor :from South Dakota bas a bill which lumbia for the fiscal year ending June BO, 1'911, and for other he wishes to hAve ~onsidered. but after that is disposed of I purposes, insisting on its disagree1rumt to the amendments of the will ask that the calendar be proceeded with.. Senate, and requesting a further conference with the Senate on The PRESIDING OFFICER. The bill will be read, snbJ~ the disagreeing Yotes of the two B:ouses thereon. to objection. Mr. GALLINGER. Mr. Pr~ldent, if I may ·ha-ve the atten The Secretary read the bill. tion of the Senate for a moment, I desire to make a statement The PRESIDING OFFICER. Is there Objection to the pres .as to the reasons for the rejection on the part of the other body ent consideration of the billr The Chair hears non~. and it is of the conference report. before the Senate us in Commit~ of the Whole. When the bill ca.me to tll~ Senate there was an item in it ap Mr. ORA WFORD. l\1r. ?resident, if the Senate will perm1t propriating $17,000 for playgrounds .in the city of W,asllington, me, I will state that the daim of these se'9'eral insurance com to be .Paid wholly from the rerenues of the Di.strict or Columbia, panies was not (ill)braced in the originnl setUement ()f claims .and there was no provision in it for supervision. The so-called growing out of the destruction of property in Honolulu to pl'e "organic a.ct:' which Congress is responsible for, :provides thnt vent the spread of the bubonic -plague, because it was referred 1n all matters of appropriation relating to the District of Colum to the rourt to hav-e certain questions as to the liability of the bia there shall be an equal division from the reY-ennes of the companies under these insurance policies settled. Distrid and the Treasury of the United States, and so far as It seems that in 1899 the buoonic plague broke out in Hono I know-in fact, I speak: from nct ual knowle Mr. CULLOl\f. I will inquire of the Senator if there is a The PRESIDING OFFICER. The joint resolution as the report accompanying the bill. C)lair has stated, was read on the 1st of March. ' Mr. CRAWFORD. There is a full report showing all the l\fr. CULLOM. Let it be read again, l\fr. President. facts. The PRESIDING.OFFICER. The Secretary will again read Mr. Sl\fOOT. I ask the Senator from South :(>akota to allow the joint resolution. the bill to go over. I have written for some papers and in The Secretary read the joint resolution. formation in regard to the claim, which I have not yet received Mr. HEYBURN. Mr. President, this is the first appearance · and I ask the Senator kindly to let it go over. ' of an initiative and referendum joint resolution in this body or Mr. CRAWFORD. I have no objection, if the Senator re in either House of Congress. I think we are starting out upon quests it. an e~tirely new trail. in legislation by Congress authorizing the The PRESIDING OFFICER. Without objection, the bill holdmg of an election to instruct a legislature, leaving no goes over. The calendar, under Rule VIII, is in order. The Sec option at all to that body in legislating upon this subject. It retary will announce the first bill on the calendar. strikes me that a question of this kind, or the initiation of this BILLS PASS ED OVER, class of legislation, should receive very thorough consideration if we are to authorize in all jurisdictions over which we exer The bill (S. 3724) regulating injunctions and the practice of cise direct control the people to hold elections and instruct in the district and circuit courts of the United States was an the performance of their duty the legislature that we have nounced as first in order on the calendar. created and conferred powers upon. It is a pretty big question Mr. GALLINGER. Let the first three bills on the calendar and it ought not to be considered under Rule VIII. I ask that go over. · the joint resolution go over. The PRESIDING OFFICER. ·This bill and the two succeed Mr. CLAPP. Mr. President-- ing bills, the bill ( S. 1630) to provide for the construction of a Mr. HEYBURN. But I shall not, of course, if any Senator memori~l bridge across the Potomac River from Washington to desires to make any suggestion, ask that the joint resolution the Arhngton property, and the bill (H. R. 12316) to provide now go over. · for the government of the Canal Zone, the construction of the Mr. CLAPP. The only suggestion I wish to make is that Panama Ca,nal, and for other purposes, will be passed over. this joint resolution came in the form of a proposition for Con The bill (H. R. 5485) to authorize the Secretary of the Inte gress-to legislate upon this subject directly. After much consid rior to make temporary withdrawal of areas of public land eration it was finally decided to refer the matter to the people pending report and recommendation to Congress or for exami of those islands. I do not see that there ls any great innovation nation and classification was announced as next in order. about it. Mr. HEYBURN. Let the bill go over. The PRESIDING OFFICER. The Senator from Idaho asks Mr. HEYBURN. Mr. President, in reply I will say that it that this bill also may go over. Without objection, it is so goes further than that. I should favor a law that would allow those people to vote upon it, but I never should favor a law ordered. · that would allow those people at such an election to take from T~e bill ( S. 530) to amend an act entitled "An act donating the legislative body that we have created the jurisdiction and publ~c lands to the several States and Territories which may the right to perform the duties of legislation according to their provide colleges for the benefit of agriculture and the mechanic conscience, intelligence, and ability. arts," approved July 2, 1862, and the acts supplementary thereto, Mr. CURTIS. Mr. President, I should like to say that there so as to extend the benefits thereof to the District of Columbia was a hearing before the committee, and after very careful con was announced as next in order. ' sideration this joint resolution was agreed upon by the repre Mr. GALLINGER. This bill has been reached quite a num sentatives of the temperance people and also by the Delegate ber of times, l\fr. President, but has gone over. The last time from Hawaii. Since that time its enactment has been requested it was rea~ed, the junior Senator from Kansas [Mr. BRISTOW] by t~e g?vernor and other officials of the Territory. The ques asked that it should go over. The Senator is present. I will tion is simply one for them to settle by a majority vote as to ask him if he has any objection to considering the bill at this whether or not they will prohibit the manufacture and sale of time. intoxicating liquor except for the purposes mentioned in the Mr. BRISTOW. I have been ill practically every day since, joint resolution. nnd I ask that it may go over for the present. Mr. GALLINGER. The bill will go over, then, at the request Mr. HEYBURN. Mr. President, I give due credit to the re of the Senator from Kansas. port of the committee. I have no doubt that they have investi The PRESIDING OFFICER. It will go over. gated the matter thoroughly, and I am not at all inclined to The bill (S. 6058) amending section 2 of· an act entitled "An crlti~is~ t~ei~ conclusion; but the matter has now passed from act to increase the pensions of widows, minor children, etc. of the Jurisdiction of the committee to that of the Senate· and it deceased soldiers and sailors of the late civil war, the war ~ith is out of no lack of respect for the committee or for its con Mexico, the various Indian wars, etc., and to grant a pension to cl~sion that. I make tnese suggestions, which are entirely appro certain widows of the deceased soldiers and· sailors of the late priate in this body when we are considering the action of any civil war," approved April 19, 1908, was announced as next in committee. · order. · I would not at all object to this measure if it authorized the The PRESIDING OFFICER. The bill goes over. legislature to submit this question to a vote of the people· my The bill (S. 2430) for the relief of the heirs of John W. West sympathies are not against the purposes sought to be obta'.ined was announced as next in order. by this legislation, but they are all against the enactment or Mr. SMOOT. I ask that the bill may go over. recognition of the proposed initiative and referendum emanat The PRESIDING OFFICER. Without objection, the bill ing from Congress to the people. We have too much of that goes over. outside of Congress. Let us not have it here, because it is not The bill ( S. 5715) providing for the establishment of building in conformity with the plan of our Government or with its or lines and special building restrictions in the District of Colum ganic Constitution. We should not be the ones to send it out bia was announced as next in order. with our approval. Let this joint resolution provide that the Mr. HEYBURN. Let the bill go over. legislature shall submit this question to the people, but not that The PRESIDING OFFICER. The bill will go over at the re the people shall instruct the legislature. That is no part of the quest of the Senator from Idaho. function of the people either under the laws organizing the gov ernment of ·Hawaii or under any other principle of our law. LIQUOR TBA.FFIC IN HAWAll. Now, I wish merely to call the Senators' attention to this The foint resolution ( S. J. Res. 80) providing for a special language, found on page 1, in lines 14 and 15, of the joint reso eledion in the Territory of Hawaii was announced as next lution. The question to be -submitted is: in order. Shall the legislature to be elected in November, 1910, be instructed The PRESIDING OFFICER. This joint resolution was read to pass, at its first regular session, a law- in full on the 1st dRy of March. Mr. GALLINGER. l\fr. President, I trust the joint resolution Instructed to pass a law. A legislative body that takes an will be now acted upon. oath to act on its own conscience and judgment shall be in The PRESIDING OFFICER. Is there objection to the pres structed to waive it at the instance of an outside body. ent consideration of the joint resolution? Mr. CURTIS. That would simply be an instruction. There being no objection, the Senate, as in Committee of the Mr. HEYBURN. It says so. Whole, resumed the consideration of the joint resolution. Mr. CURTIS. The Senator who prepared the joint resolution Mr. CULLOM. Mr. President, I think we ought to have such is not present, and I hope my friend will not insist that it go billB and joint resolutit11s read when taken up. over under Rule IX. . Mr. CLAY. Has the Joint resolution been read?. Mr. HEYBURN. I ask that the joint resolution go over. - • 1910. CONGRESSIONAL RECORD- SENA'l'E. 2943 l\Ir. CLAPP. Let it g-0 oYer without going under Rule IX. potnt five additlonal clrcnit :fudges, no two of whom shall be :from the Mme judicial circuit, who hall hold office during good behavior .and The PRESIDING OFFICER. The joint resolution goes over who shall be from time to time designated and assigned by the Chief without prejudice. Justice of the United States for service in the circuit court for .any district, or the circuit court of appeals for any circuit, or in the court RESURVEYS OF PUBLIO LANDS. of comm-er.ce. The additional judges so to be appointed shall receive The joint resolution {H. J. Res. 116) to amend an act to cor the like pay and em'Olument as now are or shall be provided l>y law for circuit judges. rect chnpter 271 <>f volume 35, United States Statutes at Large, The a o-ciate judges shaH have precedence ll.nd shall succeed to the was announced as next in order. place and powers of the presiding judge whenever he may be absent or Mr. CLARK of Wyoming. Mr. President, I call the atten incapable of acting in the order of the date of their commissions. Four of said judges shall constitute a quorum, and at least a majority of the tion of the Senator from Idaho [Mr. HEYBURN] to this joint court shall concur in all decisions. resolution. The court -shall also have a clerk and a marshal, with the same Mr. HEYBURN. I would inquire of the Senator from Wyo duties and powers, so far as they may be appropriate and are not altered by role of "the court, '8.S are now possessed by the clerk and mar ming whether he desires to press the joint resolution at this shal, respectiv ely, of the Supreme Court ot the United States. Th"e time? -0ffices of the clerk and marshal of the court shall be in the city -Of Mr. CLARK of Wyoming. The very purpm;e of my calling Washington, in the District of Columbia. The judges of the eonrt shall appoint the clerk and marshal, and may also appoint, if they "find the attention of the Sena.tor from Idaho was that l did not it necessary, a deputy clerk and deputy marshal; and such clerk, nrn.r desire to press it, if .he desired to ha-ve it go over. He made shal, deputy clerk, and deputy marshal shall hold -0..ffice during the objection to it the other day, and I did not want it brought up pleasure of the court. The salary of the clerk -shall be 4,000 pe.r nn num; the salary of the marshal 3,000 per annum; the salary <>f the if the Senator objected. deputy clerk 2,500 per annum; n.nd the s8.lary of the The judges of the court of commerce shall be designated by the Chief nothing in this section contained shall be deemed to authorize the ;Tustice of the United States within ninety days after the passage of making of agreements for the pooling of freights in violation of the this act and the court shall be open for the transaction of business at provisions of section 5 of the said act of February 4, 1887." a date io be fixed by order of the said court, which shall be not later SEC. 8. That section 6 of the act to regulate commerce, approved than thirty days after the judges thereof shall have been so designated. February 4, 1887, as amended, is hereby amended by adding a new SEC. 2. That a final judgment or d.ecree of the court of commerce paragraph at the end ·thereof, as follows : may be reviewed by the Supreme Court of the United States if appeal "If any railroad corporation, being a common carrier subje~t to this to the Supreme Court is taken by an aggrieved party within sixty days act, after written request made upon the freight agent of such carrier after the entry of said final judgment or decree. Such appeal may be hereinafter in this section referred to by any person or company for a taken in like manner as appeals from a circuit court of the United written statement of the rate or charge applicable to a described ship States to the Supreme Court, and the Supreme Court may a.ffirm, re ment between stated places under the schedules 01· tariffs to which verse, or modify the final judgment or decree of the court of commerce, such carrier is a party, shall refuse or omit to give such written state as the case may require. ment within a reasonable time, or shall misstate in writing its ap Appeal to the Supreme Court, however, shall in no case supersede plicable l'.ate, and if the person or company making such request suffers or stay the judgment or decree of the court of commerce appealed damage in consequence of such refusal or omfssion or in consequence from unless the Supreme Court or a justice thereof shall so direct, of the misstatement of the rate, either through making the shipment and appellant shall give bond in such form and of such amount as the over a line or route for which the proper rate is Wgher than the rate Supreme Court, or the justice of that court allowing the stay, may over another available line or route, or tru·ough entering into any sale require. or other contract wbereunder such person or company obligates himself Appeals to the Supreme Court under this section shall have priority or itself to make such shipment of freight at his or its cost, then the tn hearing and determination over all other causes except criminal said carder shall ge liable to a penalty of $250, which shall accrue to causes in that court. the United States and may be recovered in a civil action brought by SEC. 3. That suits to enjoin, set aside, annul, or suspen.d any order the United States." of · the Interstate Commerce Commission shall be brought m the court It shall be the duty· of every such railroad corporation to keep at all of commerce against the United States. The pendency of such suit times conspicuou!!lY posted in . every station where freight is received shall not of itself stay or suspend the operation of the order of the for transportation the name of an agent resident in the city, village, or Interstate Commerce Commission; but the court of commerce, in its town where such station is located, to whom application may be made discretion may restrain or suspend in whole or in part the operation for the information by this section required to be furnished on written of the commission's order pending the final bearing and determination request; and in case any carrie1· shall fail at any time to have such of the suit. No order or injunction so ~·estraining or suspending an name so posted in any station, it shall be sufficient to address such order of the Interstate Commerce . Commission shall be made by the request to "The St8;tion Agent of th~ --- Company at -- court of commerce otherwise than upon notice and after hearing, ex Station," inserting the name of the carrier company and of the station cept that in cases where irreparable damage would otherwise ensue to in the blanks, and to serve the same by depositing the request so ad- the petitioner said court or a judge thereof may allow a temporary dressed, with postage thereon prepaid, in any post-office. · stay or suspension' in whole or in part of the operation of the order of SEC. 9. That section 15 of the act to regulate commerce, approved the Interstate Commerce Commission for not more than sixty days February 4, 1887, as amended, is hereby amended to read as follows : from the date of the order, pending application to the court for its "That whenever, after full ·hearing upon a complaint made as pro order or injunction, in which case the said order shall contain a spe vided in section 13 of this act, or upon complaint of any common car cific finding, based upon evidence submitted to the judge making the rier.t or after full hearing under an order for investigation and hearing order and indentified by reference thereto, that such irreparable damage maae by the commission on its own initiative (either in extension of would result to the petitioner and sp~cifying the nB:tur~ of the dama~e. any pending complaint or without any complaint whatever), the com The court may, at the time of hearing such application, upon a like mission shall be of opinion that any individual or joint rates or charges finding, continue the temporary stay or suspension in whole or in part whatsoever demanded; charged, or collected by any common carrier or until its decision upon the application. carriers subject to the provisions of this act for the transportation of SEC 4 That from and after the passage of this act all cases and persons or property as defined in the first section of this act, or that proceediiigs in the court of commerce which, but for this act, would be any individual or joint clm-:sifications, regulations, or practices whatso brought by or against the Interstate Commerce C"ommission shall be ever of such carrier or carriers affecting such rates are unjust or un brought by or against the United States, and the United States may reasonable or unjustly discriminatory,. or unduly preferential or prej intervene in any case or proceeding in the court of commerce whenever, udicial, or otherwise in violation of . any of the provisions of this act, though it has not been made a party, public interests are involved. the commission is hereby authorized and empowered to determine and SEC. 5. That the Attorney-General shall have charge an~ control of prescribe what will be the just and reasonable individual or joint rate the interests of the Government in all cases and proceedings in the or rates, 'charge or charges, to be thereafter observed in such case as court of commerce and in the Supreme Court of the United States upon the maximum to be charged, and what individual or joint classification, a peal from the court of commerce. The Interstate Commerce Com regulation, or practic_e in .respect to such ti·ansportatton is just, fair, ifi.ssion and Its attorneys shall take no part in the conduct of any such and reasonable to be thereafter followed, and to make an order that the litigation. The Attorney-General, however, if in his opinion the public carrier or carriers shall cease and desist from such violation to the interest requires it, may retain and employ in the name XLV-185 2946 CONGRESSIONAL RECORD- SENATE. MARCH 9,. the Interstate Commerce Commission and stated in a sealed certificate of any capital stocit or the delivery of any certificate of stock or the Issued by the commission to the corporation, or to any person or per- Issue. of any bond or other evidence of indebtedness In exchange for or 1 to provide for the retirement of any capital stock, certificate of stock, ~~~f~;i~~~inYf ~e o~g~:si:_~h~gr~~~::~ :::t ~~~!d:1 n"i:' :~as~1:i~ bond, or other evidence of indebtedness now outstanding, or provided to able market value of such bond or other evidence of indebtedness at be issued, or the pledge of the exchanged or retired stock or securities, the date of such certificate, then the commission shall ascertain and on such terms and conditions as may be provided In the Instruments state in such certificate the reasonable selling price of such bond or whereunder any of the stocks, bonds, or other evidences of indebtedness other evidence of Indebtedness at such date, and nothing in this sec referred to in this paragraph are respectively issued or authorized to tion contained shall prevent the issue of such bond or other evidence be issued. of indebtedness If sold at or in excess of the selling price so stated, SEC. 14. That In case at any time it shall be proposed, by or pur and no property, services, or other thing than money shall be taken In suant to any plan of reorganization of any railroad corporation or cor payment to the corporation of the par of such stock, or certificate of porations incorporated prior to January 1, 1910, the properties whereof stock, and the par or other required price of such bond, or other evi shall be in the hands of a receiver or of receivers or shall be subject dence of indebtedness, except in every i.nstance at the fai.r value of to be sold in any suit or suits or other judicial proceedings for fore such property, services, or other thing than money, which shall be closure of any mortgage or deed of trust heretofore executed, or for ascertained by the Interstate Commerce Commission and stated in a the dissolution or winding up of such corporation, or to procure the sealed certificate 1.ssued by it to such corporation, or to any person or satisfaction of its debts or the application of its property thereto, pend persons intending to form such corporation, and recorded with the ing at the time of such proposal; that any corporation utilized or to commission before the issue of said stock, certificate of stock, or other be utilized for the purposes of such reorganization, which at such time evidence of indebtedness : Provided, That nothing herein contained shall be, or, when organized and operating, will be, subject to the act shall be construed to prevent a corporation subject to this act from to re~late commerce as amended (every corporation so utilized or to issuing its bonds or other obligations to refund bonds or other obliga be uulized being hereinafter referred to by the term "new corpora tions heretofore issued and outstanding to an amount requisite to take tion "), shall issue stock and bonds and other evidences of Indebtedness, up or refund the same, or from issuing or agreeing to issue its capital or any thereof, for any purpose connected with or relating to any part stock at its par value in payment or exchange for its notes, bonds or of its business governed by said act to regulate commerce as amended, other evidences of indebtedness now outstanding or hereafter issued in application for any certificate of the Interstate Commerce Commission conformity with the provisions of this a.ct. that may be requisite under the provisions of this section may be made No issue of stock or bonds shall be made for the purpose of paying by any person, committee, or representatives of any commlttee, or by or taking up notes maturing not more than two yea.rs from the date of managers havin~ In charge the formulating or carrying out of any such their issue and hereafter issued by such corporation for a purpose con plan of reorganization, and such certificate may be issued to such per nected with or relating to any of its business governed by said act to son, committee, representatives, or managers for the use of the new regulate commerce as amended, in an amount greater than will suffice corporation; and the issue pursuant to such plan of reorganization upon issue of such stock or bonds under the rules hereinbefore pre~ by any new corporation, of stock, whether of a single class or of two scribed concerning issues of stock or bonds, to yield a sum equal to the or more classes as may be authorized by law, to :m amonnt in · the ag amo_unt of money actually received by such corporation for such notes; gregate not exc~edlng, in par value, the aggregate amount, par value, or, if such notes were sold at the time of their issue for less than their of the stocks of the corporation or corporations so reorganized or to be face value, to yield a sum equal to the amount of such notes if the In reorganized pursuant to said plan (being, in the case of each corpora terstate Commerce Commission, before the issue of such new stock or tion, the stock outstanding at the date of said certificate of the Inter bond , shall state in a sealed certificate issued by the commission to the state Commerce Commission or of the previous dissolution of such cor corporation and recorded with the commission that the commission poration) shall not be deemed to be prohibited by anything contained finds that said notes were issued by the COI"poration at the price re in this act; and the issue by any new corporation of bonds and other ceived therefor in good faith and after proper endeavors to obtain there evidences of lndebtedne:;is, whether unsecured or secured by mortgage for their rea onable market or selling value ; or in case the Interstate upon said properties or otherwise, to an aggregate amount not exceed Commerce Commission shall find that the fact· is otherwise, then a ing the amount of new money paid to the new corporation pursuant sum equal to the amount of notes which the Interstate Commerce Com to such plan of reorganization and the amounts of bonds and other mission before the 'issue of such new stock or bonds shall ·state in a obligations and debts, including receiver's liabilities, which at the time like certificate would have availed to procure for such corporation upon of such sale or sales may have constituted claims or charges, whether the sale of such notes at their reasonable market or selling value a. sum legal or equitable, upon or against the corporation or corporations so equal to the consideration actually received for the notes by such cor reorganized or the properties thereof, and provision for the payment of poration. which or the delivery of securities of the new corporation in exchange No railroad corporation subject to the act to regulate commerce as for which shall be made in such plan, shall not be deemed to be pro amended shall hereafter, for any purpose connected With or relating to hibited by anything contn.ined in this act, provided that the aggregate any part of its business governed by said act. issue any capital stock .amount of interest charges ngreed to be paid by the new corporation convertible into other capital stock of such railroad corporation, unless or to which its property will be subject shall not exceed the aggregate by the terms of the certificate representing the stock so convertible the amount of the interest charges to which the corporation or corpora amount, par value, of capital stock that the holder of such certificate tions so reorganized or their properties shall have been subject plus is entitled to. receive in exchange therefor shall be equal to or less than interest upon bonds 1 sued as aforesaid for new money ; and nothing the par value of the shares of stock repre ented by such certificate of in this act shall be deemed to prohibit the new corporation from assum convertible stock ; but nothing contained in this act shall be deemed to ing any bonds, debts, or other obligations of lhe corporation or corpora prohibit the i.ssue by any such corporation of its capital stock in ex tions so reorganized, in place of which it might, in accordance with the change for anct in accordance with the terms of such convertible stock rules prescribed by this section, issue its own --stocks, bonds, or other i.ssued in accordance with the provisions of this paragraph. obligations, or to prevent the issue, in addition to the stock herein · Nothing in this section contained shall be construed to prohibit the above specified, of an amount of stock .of the new corporation in lien mortgage or pledge by any railroad corporation, subject to the act to of but not exceeding the face amount of, bonds and other obligations regulate commerce as anrnnded, of any bond or other evidence of in which, under the provisions hereof, the new corforation might issue. debtedness, issued by such railroad corporation, as security for or as and no issue of stock, bonds, or other evidences o indebtedness by any part security for any note, bond, or other evidence of indebtedness issued new corporation, which it may make consistently with the rules pre by, or loan made to such railroad corporation which shall not be issued scribed by sections 12 and 13 of this act, shall be deemed to be pro ·or made in Violation of the provisions of this act : Provided, That the hibited by anything in this section contained ; but no issue of stock or terms of said loan and of such notes, bonds, or other evidences of in bonds shall be made by any such corporation unless the Interstate Com debtedness, if any, shall provid~ that none of said pledged bonds or merce Commission shall have ascertained and stated In a sealed cer other evid~nce of indebtedness, shall, upon nonpayment of the notes, tificate issued by it as above provided and recorded with the commission bonds, or other evidences of indebtedness which they are pledged to that the stock and bonds and other evidences of indebtedness proposed ·secure, or upon nonperformance of any of the conditions thereof, be to be issued, and the interest cbaraes on such bonds and other evi sold or become the property of the holders of the notes, bonds, or other dences of indebtedness will not ex~ the amounts of stock, bonds, and evidences of indebtedness so secured, either directly or through a other obligations and of the interest charges respectively permitted by trustee for their benefit except at or through public sale, notice whereof the terms of this section or such greater amount, if any as may be shall be published at lea.st once a week · for not less than .three suc issued in accordance with the rules prescribed in sections J.2 and 13 of cessive weeks prior thereto in at least one daily newspaper of general this act. circulation published In the· place where such sale shall take place: And In case two or more railroad corporations., subject to the act to provided further, That if such notes, bonds, or other evidences of in regulate commerce as a.mended, shall be consolidated or merged pur debtedness, If any shall provide that the owners thereof shall have the suant to the laws of a State or States applicable thereto, and such right to convert the same into the bonds or other evidences of indebted consolidation or merger shall consist in uniting the organizations, ne s so mortgaged or pledged, the Interstate Commerce Commission, properties, businesses, and stocks of said corporations without increa e previously to the making of such loan, shall have ascertained and stated, in the aggregate amount of the stocks of the corporations so con in a sealed certificate issued by the commission to such corporation or solidated or merged and without increase in the aggregate amount of, to ·any person or persons intending to organize such corporation and or the aggregate interest payable upon, the bonds or other obligations recorded with the commission or otherwise, as authorized by this act, of said corporations so con olidated or merged; or, If the Interstate the reasonable market or selling value of such bonds or other evidence.-; Commerce Commission shall have ascertained and stated in a sealed of indebtedness so mortgaged or pledged and the rate which said rea- certificate issued by it to the corporations in respect to which such onable market or selling value bears to the reasonable market or selling consolidation or merger is to take place or shall have ta.ken place or value of such secured notes, bonds, or other evidences of indebtedness, to one of them (or to any person, committee, or r~presentatives of any and that such secured notes, bonds, or other evidences of ibdebtedness committee or to managers having in charge the formulating or carrying shall ·not provide that the owners thereof shall have the right upon out of any plan of reorganization such as is hereinbefore mentioned such conversion to receive in exchange therefor bonds or other evi under which the corporation that is to is ue new securities to be dis dences of indebtedness so mortgaged or pledged to an amount greater tributed under such plan ill be a corporation resulting from any con than would be receivable at the rate so found and stated in snch certifi solidation or consolidations, merger or mergers), that the stock to be cate of the commission. issued by such consolidated corporation and the bonds and other obliga Nothing ill this act contained shall be taken to prohibit the issue of tions if any, to be assumed and issued thereby does not exceed the fair any bond or other evidence of indebtedness pursuant to the terms of estimated value of the properties of such consolidated corporation, any instrument heretofore executed, provided the same shall not be old nothing in this act contained hall be deemed to prohibit the issue of except in conformity with the foregoing provisions of tlds section with such stock and bonds and other obligations, or any of them, or the as respect to the market or selling value and the ascertainment thereof by sumption of all or any o:f the bonds or other obllgatlon.s of the cor the Interstate Commerce CommissiQn. porations so consolidated or merged. Nothing In this act contained shall in any way affect or impair the Nothing In this act contained shall prevent a railroad corporation, validity of any mortgaA'e or pledge of any capital !!tock, certificate of subject to the said act to regulate commerce, a a.mended, from ac stock, bond, or other evidence of indebtedness now mortgaged or pledged quiring the stock and bonds of another railroad corporation, subject to as security for, or as pa.rt security for, any loan heretofore made to said act, and not competing with such first-mentioned corporation, by any such corporation, or prohibit the sale upon foreclosure or other the issue of its own stock and bonds, provided the aggregate amount of wise of any such mortgaged or pledged stock, certificate of stock, bonds, the par values of the stock and bonds se issued {a) shall not exceed or other evidences of indebtedness, upon the terms and conditions pro the fair value of the property of the corporation whose stock and bonds vided in the instrument, if any, whereunder such securities may have a.re so acquired, which value shall be ascertained by the Interstate been pledged, or in the contract of loan ; and nothing in this section commerce Commission, or (b) shall not exceed the aggregate par contafoed shall be faining to sueh application and contes~ :ind therefore no- further action of the United States over the age of 21 years. When such notice 1s or proceed.Lug shall be hrui in the l:tnd office until final adjudication of required to be given in writing the same may be given through the reg the rights of the parties to said contest shall be had by said land istered mail service of the United Stil.tes, and the return of service or courts. Upon receipt of said transcript by the cle1•k of the land court proof thereof, whether made by the United States marshal or by another the said clerk shall make an entry of s:Lid J)roceeding in due form in a person, as herein provided, may be by return of such service under oath. docket to be kept for that purpose, and said entry in said docket shall That the fees of the officers of this court shall be the same as the fees specify each and every paper by name and character constituting said payable in the United States circuit court for similar or equivalent record and transcript, and said cl~rk shall safely keep on file the papers service. The court shall have the power to make and enforce rules not and: documents constituting. such record and transcript. That upon the inconsistent with the law or the rules of the appellate land court of receipt, docketing, and filing of said papers, as aforesaid, by the clerk the United States, and shall have the power to enforce its orders, judg of the land court, the jurisdiction of the sa.td land court shall attach ments, and decrees by appropdate proceedings. Upon filing a certified for all purposes wherein the court may exercise its jurisdiction l:lllder copy of the final judgment of the land court of the United States, under the provisions of thts act. Said coUFts shall have original jurisdiction the seal of such court, finally determinlng the right of the contesting upon the filing of a bill of complaint in said court by any person or per parties to the land in controversy, with the register of the Unlted sons or corporation, or by any proper person authorized to represent States land offiee where such controversy originated, such land office the Government of the United States in so do1ng, to cause an original shall proceed according to the judgment of said land court of the or alias summons or subprena to issue to the party named as defendant United States, and all proceedings in the General Land Office or in the in said complaint, requiring such defendant or defendants to appear and Department of the Interior of the United States eoncerning any matter answer or defend in such action, and upon issue being joined in law or fact, passed upon by the land court shall be in conformity with the final or both, the court shall have power to proceed to try and determine all judgment of said land court. such issues, a:s hereinbefore provided, tn the case of causes certified SEC. -. That there is hereby created and established an appellate from the United States Land Office and in accordance with the general land court of the United States, which shall have three judges, of whom methods of procedure in the courts of the United States. That the said two shall constitute a quorum, and which shall be a court of record, land court of the United States herein established shall have jurisdie with jmisdiction as heremafter limited. Said appellate court shall hold tion to fully try and determine such causes according to the law and its sittings at the city of ---, in the State of ---, commencing the faets by it to be ascertained and determined, and may issue any on the first Monday of September and April each year, and said court and all process and writs necessary to the exercise of its jurisdiction shall prescribe the form and style of its seal and the form of writs and :for the purpose o:f determining and administering complete justrce to other process and procedure as may be conformable to the exercise of the parties Utiga.nt. Said land .court may, in its discretion, call and its jurisdiction as shall be conferred by law. The judges of said ap impanel a. jury :for the trial of any question of fact, such jury to con pellate land court shall be appointed by the President, with the advice sist of s:J:x citizens of the United States resident within the land dis and consent of the Senate, and shall have the qualifications of a judge trict in whlcb the premi es in dlspute- are situated, to be impaneled as of the circult court ol the Unlted States, and shall bold by like tenure, other jurors are impaneled in the United States court; but this section and shall each receive compensation of 7,500 per annum, payable ln shall not apply to cases 1nYolving the right to patent mining claims equal quarterly amounts. Said conrt shall appoint a elerk, who shall arising under the provision 'of section 2326 of the Revised Statutes of exercise and l?erform such duties and powers in regard to all matters the United States. within its jurisdiction as are provided by law and the rules and regula SEC. -. That section 2326 of the Revised Statutes of the Unlted tions of the court. The salary of the clerks of the court shall be States is hereby amended so as to read as follows~ $2 500 per annum, to be pald in equal proportions quarterly. The costs " SEC. 2326_ When an adverse claim is filed durtng the period or and fees in the circuit court of the United States, as now provided for publication it shall be upon oath of the person or persons making the by law, shall be the costs and fees in. such appellate land eourt, and the same, or by the oath of any duly authorized agent or attorney m fact, same shall be expended, accounted for, and paid over to the Treasury of the. adverse claimant cognizant of the facts stated, and the adverse Department of the Unlted Stutes in the same manner as is provided in claimant if residing, or at the time being, beyond the limits of the respect to the costs and fees of the circuit court of the United States. district wherein the claim is situa.ted may make oath to the adverse The court shall have the power to establish all rules and regulations claim before the clerk of any court <>f record where the adverse claim for the conduct of the busine s of the court within its jurisdiction as ant may then be, or before any notary public of any State or Territory, conferred by law, and to make uniform rules for the district land courts and shall show the nature, boundaries, and extent of such adverse of the United States. claim, and all proceedings, except the publication of notice and making SEC. -. That an appeal may be taken from the district land courts and filing of the affidavit thereof, shaU be stayed until the controversy of the United States in the several districts to the said appellate land shall have been settled or decided by a court of competent jurisdiction, courts of the United States in the following cases: or the adverse claim waived. Notice of the filing of such adverse claim First. In any case in which only the jurisdiction of the district land or protest and! of snch removal to the United States land court shall conrt is in issue. In such case the question of jurisdiction alone shall be given in writing by the register of such land office to the applicants be certified to the said appellate land court from the court below for its and to the United States attorney for the district, in writing, within decision. ten days after such action is taken, as hereinafter provided, in cases · Second. In any case that involves the construction or application of certified to said land court. It shall be the duty of the adveri;;e claim the Constitution of the United States, or in any case in whlch the ant, within thirty days after filing the adverse claim, to cause the recmd constitutionality of any law of the United States or the validity or of said app.Ucati(}D and of said adverse claim to be certified by said construction of any treaty made under its authority is brought into land officers to the land court of the United States having jurisdicUon question. of the controversy under the provisions of this act, and upon the filing Third. In any case in which the constitution or law of a State is the facts of the case and the Supreme Court of the United States shall Mr. BEVERIDGE. Pa.rdon me just a moment. There is r ev1 ew and apply the law applicable to such facts. SEC. -. That all laws and rules and regulations made pursuant to only one form of unanimous consent that could make this or exi. ting laws providing for an appeal from or review of decisions of any bill the unfinished business here continuously, to the exclu the several United States land offices by the Commissioner of the Gen sion of all other business, and that is this form, "to be the un eral Land Office or the Secretary of the I .nterior of the United States in cases by this act provided to be heard and determined by the land finished business to be considered from day to day until dis courts be, and the same hereby are, repealed. posed of." That is the only form of unanimous consent that SEC. -. That all causes of the character by this act provided to be could do that. Unanimous consent of that kind, once being heard and determined by the land courts pending on appeal before the Commissioner of the General Land Office upon the date herein pre given, it does become the unfinished business to the exclusion scribed upon ·which this act shall become effective shall be transferred of everything else until it is disposed of. But the bill now . to the appellate land court of the nited States; and all such causes could be laid aside instantly by a motion of the Senate. It on appeal from the Commissioner of the General Land Office to the Secretary of the Interior upon said date may be transferred for final does not stand at all on the status of unanimous consent, and decision to the appellate land court of the United States by the filing un~imous consent to lay it aside for the day does not have the in the proper land court of the record, or a certified copy thereof, of effect o:f making it the unfinished business by unanimous con the papers constituting such appeal in the said cause, and upon the filing of said records in the said courts the jurisdiction of the General sent. If I am wrong about that, older Senators may correct Land Office and of the Secretary of the Interior to further consider such me-- cause shall cease and determine and the jurisdiction of the said land Mr. HEYBURN. Mr. President-- courts shall attach. SEC. -. That all laws inconsistent with the provisions of this act Mr. BEVERIDGE. Although the Senator from Idaho is not are hereby repealed. an older Senator in service. S.Ec. -. That this act shall be in effect on and after its passage. Mr. HEYBURN. Mr. President, under the rules of the Sen Mr. BURKETT. I suggest to the Senator from West Virginia ate nothing becomes un:finished business by unanimous consent that the bill be laid aside. or by a vote. It becomes unfinished business, if at all, by virtue Mr. ELKINS. I ask that it be laid aside for the day. of the position that it occupies under the rules of the Senate. The PRESIDING OFFICER. ·The Senator from West Vir Th~re is no such motion known to the Senate as that a measure ginia asks unanimous consent that the bill be laid aside tem shall be made the unfinished business. porarily for the day. · Mr. BEVERIDGE. May I interrupt the Senator? Mr. HUGHES. I should like to ask what the proposition is. Mr; HEYBURN. Certain1y. I could not hear it here. Mr. BEVERIDGE. Of course, the motion which makes any The PRESIDING OFFICER. The Senator from West Vir bill the unfinished business is to proceed to its consideration. ginia asks unanimous consent that the unfinished business be That is the motion. '.rhe Senator, of course, knows that. temporarily laid aside for the day. Mr. HEYBURN. That is not all. The motion must be made Mr. HUGHES. Does that include the making of the bill the at a certain time in order to have the effect of making a bill unfinished business by unanimous consent? the unfinished business. After 2 o'clock, if a motion is made The PRESIDING OFFICER. It has already been made the to proceed to the consideration of a measure and the considera unfinished business. tion of it is not completed before adjournment, it becomes and is l\Ir. HUGHES. I have not so heard. I heard the ruling of the rm:finished business. The only way that you can take up the Chair, but I heard no unanimous consent that that should any other business after 2 o'clock under such circumstances is be the case. to ask un..'l.Ilimous consent to lay aside the unfinished busine s. Ii.fr. BEVERIDGE. No, Mr. President; there has been con l\1r. BEVERIDGE. Or to move to proceed to the considera siderable- tion of something else. Mr. HUGHES. Then I object. Mr. HEYBURN. To proceed to the consideration of some Mr. BEVERIDGE. Does the Senator object to the bill being other measure. This measure was under consideration, as the laid aside for the day? Chair announced, at 2 o'clock. That obviates the necessity of l\fr. HUGHES. If that includes that it is the unfinished busi moYing to proceed to its consideration at 2 o'clock. I trust ness by unanimous consent, I do. that the record will show that when this order under Rule Mr. BEVERIDGE. It does not. I think all Senators will VIII was reached there was no objection to its consideration. agree that this is the status of the bill at the present time. Some Senator suggested that the bill be read for informa In the first place the Chair ruled that it had become the un tion. I presume, however, that the RECORD will show that the finished business. measure was regularly reached and that it was under consid The PRESIDING OFFICER. If the Senator from Indiana eration at 2 o'clock. A motion to lay it aside should not be will suspend for a moment, the Chair will state to the Senator confined to the day, but it should be that the unfinished busi from Colorado that it is the unfinished business of the Senate ness be temporarily laid aside. That would carry it until some until it is displaced by some vote or motion of the Senate, as other measure dominating it displaced it. it became such at 2 o'clock. Mr. BEVERIDGE. The fact that there was no objection l\Ir. HUGHES. I heard that ruling of the Chair, but I have made at 2 o'clock did not have the effect of either preventing not heard that in any way its status has been fixed by unani the bill from becoming or ma.king it the unfinished business mous consent, for none was asked and none was given. As it by unanimous consent or otherwise. As I understand, there stands now, and as it stood with reference to consent, I under are only two forms of unanimous consent in a matter like this. stand that consent is now a sked, which would girn it a dif The first is that unanimous· consent to proceed to the considera ferent status from what it possessed by virtue of the ruling of tion of any measure makes it the unfinished business, but such the Chair as to it. unanimous consent as that the very next day may be displaced Mr. BEVERIDGE. No; I will state to the Senator I am by a motion. The other form of unanimous consent is the one quite sure that would not giYe it a different status. I was I mentioned a moment ago, which is to proceed to the consid going to remark that there has been some conversation about eration of a measure and to continue its consideration from the status of this bill. I think we might as well clear it up day to _day until disposed of. That has the effect of keeping now, so that everybody will understand it. it before the Senate not only for that day, but for the entire Ordinarily a bill is made the unfinished business in one of session or the entire Congress, and no motion or anything else two wrrys: By unanimous consent; this bill was not made the can then dispense with it. But neither one of these forms of unfinished business in that way. By motion at 2 o'clock; it unanimous consent has been asked or giYen. was not made the rm.finished business in that way. Or the Mr. ELKINS. l\fr. President, I ask unanimous consent that Chair has held that by being under consideration at 2 o'clock, the further consideration of the bill be temporarily laid aside. under Rule VIII, as it was, that it then continues the un:fin Mr. CLAPP. Mr. President, before that request is acted upon, ished business in that way. Being the unfinished business in I want to make a suggestion to the Senator in charge of the bill. any of these ways, it would remain the unfinished business only As is well known to the Senate, a member of the family of one for the day or for the hour or until any moment when it is of the Senators who expects to acti>ely participate ln the dis displaced by the will of the Senate upon motion or unanimous cussion of the bill is at preseJ?.t ill; and while the Senate, I consent. It retains its status in that way. Unanimous consent think, will generally ;n~oice in the fact that speedy recovery to lay it aside for the day does not have the effect-and if I seems to be entirely probable, it would interfere with the taking am wrong we might as well have this cleared up now--0f mak up of this measure probably before Monday or Tuesday. There ing it the unfinished business by unanimous consent hereafter. fore, I suggest to the Senator from West Virginia that he modify It is simply on the same status as if it had been made the un his request so that the bill shall be laid aside until the close of finished business by motion, being considered in the way it morning business either on Monday or Tuesday next. wa.s, when the hour of 2 o'clock arrived. .Mr. ELKIJ."\TS. I should like to comply with the request of Mr. HEYBURN. If the Senator will permit me; no measure the Senator from Minnesota, but the bill would then lose its becomes unfinished business-- place. 2950 CONGRESSIONAL RECORD-- SENATE. MARCH .9, Mr. CLAPP. I do not understand that it .would lose its Mr. HEYBURN. Not " for that day." place. Mr. BEVERIDGE. And that this request shall continue until Mr. GALLINGER. It can be laid aside from day to day. next Monday. Mr. ELKINS. But to-morrow I should have to ask that it Mr. GALLINGER. That the bill be temporarily laid aside. be laid aside temporarily. If that was decided to be out of Mr. BEVERIDGE. Certainly; temporarily laid aside each order-- day for that day, will continue to so ask each day " until Mr. BEVERIDGE. Let the Senator merely state that he next Tuesday." That is all that the Senator has got to do; or, will ask to lay it aside, or see that it is laid aside each day, if unanimous consent is not given, he may make a motion to until Monday or Tuesday. That would surely be acceptable to that effect. Senators who want to prepare. The Senator is right. There The PRESIDING OFFICER. Is there objection to the re must be a request each day to lay the bill aside; otherwise the quest of the Senator from West Virginia? The Chair hears form would be such a unanimous-consent suggestion as we have none, and it is so ordered. been talking about. But the Senator from West Virginia can Mr. MONEY. Mr. President, I understand that the situation do this and meet the Senator's request. The Senator can state now on this bill is this: That it has the place of the unfinished of record that he or some member of his committee will ask each business, to be laid aside at 2 o'clock each day until Monday day to lay the bill aside temporarily until Monday or Tuesday or Tuesday next. whatever he wants to agree to. Mr. BEVERIDGE. No; laid aside only for the day. Mr. ELKINS. In view of the statement of facts by the Sen Mr. .l.\10l't"'EY. Only for the day? ator from Minnesota [Mr. CLAPP] I, within the rule and not l\Ir. SMOOT. I move that the Senate proceed to the consid to allow the bill to be displaced, will agree to ask each day eration of bills on the calendar under Rule VIII. I want to keep this bill the unfinished business-at 2 o'clock Mr. BORAH. I should like to know-- that it may be temporarily laid aside until Monday, as I under 1\Ir. MONEY. Mr. President, I do not know when the Demo stand. I do not want to put any limitation on the Chair's cratic minority will be able to make their report. They have ruling to the effect that this bill is the unfinished business be not completed it yet, and they consider it very desirable that fore the Senate. their report shall be submitted before this bill is ta.ken up for Mr. GALLINGER. Mr. President, before this matter is set consideration. They have no objection to its being considered tled, I want to make a single suggestion, and it may possibly the unfinished business now, and so on, and it may be they conflict with the ruling of the Chair. will get in their report to-morrow; but I should like to have I was absent when this matter was discussed. I now under some declaration from the Senator in charge that this bill will stand that it has been ruled that a bill under consideration go over for several days yet, because on Saturday the day is to under Rule VIII, which has the limitation of five minutes' de be devoted to another sort of exercises, and there will be no bate, and tha.t no Senator shall speak more than once upon it legislative business, I presume, on that day. There are only when the hour of 2 o'clock has been reached, becomes the un two days of this week on which this bill can be considered. finished business under Rule IX. I think there is a very grave l\Ir. ELKINS. l\Ir. President, the Indian appropriation bill question on that point. I think when the hour of 2 o'clock has been reported and is awaiting action. · had been reached that a motion ought to have been made to Mr. MONEY. Yes; and we have exercises incident to the proceed to the consideration of that bill. That is all I desire acceptance of the Calhoun statue set aside for next Saturday. to say. Mr. ELKINS. I think if the bill remains just where it is at Mr. BEVERIDGE. I thought the same way as the Senator, present there will be no difficulty about it. and I want the chairman of the committee to cure that by mov Mr. MONEY. I think not. I only wanted some expression ing to proceed to the consideration of the bill. from the Senator in charge of the bill. I do not care how .l.\fr. MONEY. He has done that. many other Senators talk about it, but I wanted to hear him .l.\lr. BEVERIDGE. No; he has not. say something about it. · .l.\Ir. HEYBURN. Ah, Mr. President, we find ourselves em l\Ir. ELKINS. I will move to lay aside the bill temporarily barrassed by the record. The bill has been stated to be before from: day to day. I can not fix a day. I would fix it in a the Senate, and an amendment has been offered to it. 'Ve do moment but for fear that I would impair the status of the bill. not want to mix our record in that way. I think with that statement the bill should go over. · Mr. BEVERIDGE. It is immaterial. Mr. BORAH obtained the floor. Mr. HEYBURN. It is the unfinished business until laid Mr. BEVERIDGE. It is understood, then, Mr. President, that aside. nothing is to be done; it is the general under~tanding that Mr. BEVERIDGE. So that we may all understand the nothing is to ·be done-- · status of the ·thing, I will ask, Do I understand the Senator The PRESIDING OFFICER. The Senator from Idaho [Mr. from West Virginia [Mr. ELKINS] to state that he will on each Bo RAH] is recognized. · day at 2 o'clock ask that this bill be laid aside; or, if unanimous Mr. BORAH. I simply rose to get the suggestion which tho consent to lay it aside is not given, that he will then move to Senator from Mississippi obtained from the Senator from West lay it aside or have it laid aside by some parliamentary process? Virginia. .l.\!r. HEYBURN. Temporarily. CONSIDERATION OF BILLS ON THE CALENDAR. Mr. BEVERIDGE. Day by day until Monday or Tuesday Mr. SMOOT. I renew my motion that the Senate proceed to next, or whatever time may be agreed on. the consideration of bills on the calendar. Mr. ELKINS. I do not want to place any limitation for fear The motion was agreed to. of imperiling the position or status of the bill now. Mr. BEVERIDGE. It does not imperil it. AMENDMENT OF OSAGE AGREEMENT. Mr. ELKINS. I have no objection; but I do not want any The bill (S. 5786) to amend fifth paragraph of section 4 of thing to go in the RECORD that by agreement might displace this act approved June 28, 1906 (34 Stat., 539), was announced as bill as the unfinished business. I should like the ruling of the next in order. Chair as to whether it can be displaced. Mr. GORE. .l.\Ir. President, I desire to ask the Senator from The PRESIDING OFFICER. What is the request of the Minnesota if he has conferred with my colleague [Mr. OWEN] Sena tor from West Virginia? with reference to this matter? I understand my colleague ex Mr. ELKINS. I ask unanimous consent to temporarily lay pressed a desire to consider the measure before it was passed. the bill aside. Mr. CLAPP. I think, Mr. President, that is correct; and I The PRESIDING OFFICER. The Senator from West Vir suggest that the bill go over. ginia asks unanimous consent that the bill be temporarily laid The PRESIDING OFFICER. The bill will go over without aside. Is there objection? prejudice. l\Ir. CLAPP. Before that is done I suggest that the Senator Mr. CLAPP subsequently said. Senate bill 5786 is a meas in charge of the bill state at this time that on each day at 2 ure into whieh the Senators from Oklahoma desire to look. o'clock he will ask to have the bill temporarily laid aside until Fearing I may forget their request, I ask that the bill be placed next Tuesday. under Rule IX, so as to a void any possibility of its being con l\Ir. ELKINS. I am willing to make such a request each day, sidered in their absence. but I do not know whether saying " until next Tuesday " or The PRESIDING OFFICER. Without objection, it is so any other day would not imperil the order. ordered. Mr. BEVERIDGE. No; I would state to the Senator-and I COURT OF PATENT APPEALS. am 'sure the Chair will confirm this...... :..that all that is necessary as a practical matter for the Senator to do is to state that on The bill (S. 4982) to establish a United States court of patent each day he will ask that the bill in his charge be temporarily appeals, and for other purposes, was announced as next in laid aside for that day. order. 1910.. CONGRESSIONAL RECORD-SENATE. 2951 Mr. CLARK of Wyoming. I . do not particularly object to per annum. All the said salaries shall be payable in twelve equal monthly installments. The time during which any judge shall serve in this bill. It is a bill that I think perhaps wm cause consider said court shall be deemed continuous service with that in any other able discussion, and it ought not to be considered under Rule court of the United States, before or after such service within the mean VIlL . ing and intent of section 714 of the Revised Statutes. The additional compensation received by a circuit or district judge while sitting as Mr. BROWN. I hope the Senator will allow the bill to be associate judge of the United States court of patent appeals shall not read. be taken into account in determining the amount to be received by him Mr. CLARK of Wyoming. Very well. After that, however, after retirement. let it go over. SEC~ 6. That the United States court of patent appeals shall have jurisdiction to hear and determine- appeals and writs of error from The PRESIDING OFFICER. The Secretary will read the final judgments and decrees in the circuit courts of the United States in bill in the absence of objection. cases adsing under the laws of the United States relating to patents The Secretary read the bill, as follows = for inventions, and from final judgments and decrees in cases arising Be it eiiac-tea, etc.,. That there is hereby created a United States court under the laws of the United States relating to patents for inventions of patent appeals, whlch shall consist of five judges, of whom four rendered by any other court having jurisdiction under the laws of th:e shall constitute a quorum, and shall be a court of record with juris United States to bear and decide such cases in the first instance: Pro diction as is beretnafter limited and established. Such court shall vided, however, That it shall have no jurisdiction in cases orl~inat prescribe the form and style of its seal and the forms of its writs and ing in the Court of Claims. All such appeals shall be taken within six other process and procedure as may be conformable to the exercise of months after the entry of the order, judgment, or decree sought to be its jurisdiction as shall be conferred by law. [It shall have the ap reviewed. The practice. procedure, and forms to be observed in the tak pointment of} The Pre&ident shaU have p01oer, by aad with the consent ing, hearing, and determination of such appeals and writs of error shall of the Senate, "o appoint the marshal o! the court who shall have the conform tc:> the practice, procedure. and forms observed in like cases in same powe.rs and perform the same duties under fue regulations of the the Supreme Court of the United States, subje.ct to such rules and regu court as are now provided for the marshal of the Supreme Court of the lations as shall be prescribed by the court. United States, so far as the same may be applicable. The court shall SEC. 7. That whenever, by an interlocutory order or decree in a cir also appoint a clerk, who shall have the same powers and perfo-rm the cuit court or the United States, or other court having jurisdiction under same duties now possessed and performed by the clerk of the Supreme the laws of the United States to hear and decide in the first instance Court of the United States, so far as the same may be applicable. The cases arising under the patent laws, in a case in which an appeal may salary of the marshal of the court shall be $2,500 a year, and the be taken from the final decree of such court to the United States court salary of tb(l clerk shall be 5,000 a year, both to be paid monthly in of patent appeals, an injunction or restraining order shall be granted, 12 equal payments. The costs and fees now provided by law in the or refused, or continued, or vacated, or modified, or retained without Supreme Court of the United States shall be the costs and fees in the modification after motion to modify the same. an appeal may be taken United States court of patent appeals; and the same shall be colleded, from such order or decree by the party aggrieved to the United States expended, accounted for, and paid over to the Treasury Department of court of patent appeals: Pravid.eil, That the appeal must be taken within the United States in the same manner as is provided by law in respect thirty days from the service of the notice of entry of snch order or to the costs and fees in the Supreme Court of the United States. The decree ; and it shall take prece.dence in the appellate court; and the court shall have power to establish all needful rules and regulations for proceedings in other respects in the court below shall not be stayed the conduct of its business within its jurisdiction as conferred by law. unless otherwise ordered by that court, or the Untted States court of SEc. 2. That the President of the United States, by and with the patent appeals, or a judge thereof, during the pendeney of such appeal. advice and consent of the Senate, shall appoint a chief justice of said SEC. 8. That the chief justice and the associate jndges of the United United States court of patent appeals, and as vacancies occur shall in States court of patent appeals shall each exercise the same powers in like manner appoint others to fill such vacancies from time to time. term and vacation in the allowance of appeals, supersedeas orders, and The acceptance of that office by a judge of the circuit court or district other matters incidental to the jurisdiction and bu ine s o1 the court court of the United States shall vacate his office as circuit or district as are now exercised by the Chief Justice and aSS-Ociate justices of the judge. Supreme Court of the United States in relation to the business and SEc. 3. That upon the taking efl'ect of this act the Chief Justice of jurisdiction of t}lat court. . the Supreme Conrt of the United States shall designate fro.m among the SEC. 9. That the decisions o-f the United States court of patent ap judges of circuit and distriet courts of the United States four judges to peals in all cases within its appellate jurisdiction shall be final, except sit as associate judges of the United States court of patent appeals, two that it shall be competent for the Supreme Court of the United States of them to sit for three years from the first day of the first term to require, by certiorari or otherwise, any Sl'lch case to be certified to thereof, and two of them to sit for six years from the first day thereof, it for its review and determination, with the same power and authority as :xs8ociate judge of the same court [tor six years from the first in the case as though it had been carried by appeal or writ of error day of the first term thereof]. And after that, as the periods ex from the trial court directly to the Supreme Court. pire for which such designations shall have been made, the Chief SEC. 10. That whenever any case shall have been certified from the Justice of the Supreme Court of the United States shall fill the vacan United States court of patent appeals to the Supreme Court of the cies thus occu.rring by designation of the same or other judges from United States, by certiorari or otherwise, it shall be, upon its determi among the judges of the circuit courts and the district courts of the nation by the Supreme Court, remanded to the circuit court of the United States, to sit for periods of six years each. In case of the death, United States or other court in which it originated for further proceed resignation, or disability of a.ny a.ssociate judge ot the said court, or o-f ings to be taken in pursuance of such determination. And in every bis resignation of. his seat in said court. the Chief Justice of the case determined by the United States court of patent appeals upon Supreme Court shall designate another judge of a circuit court or a appeal or writ of error the case shall be remanded to the circuit court district court of the United States to sit for the unexpired period for of the United States, or other court from whence it came, for further which his predecessor had been designated. The designation of a. judge proceedings to be taken in pursuance of such determination. of the circuit or district court of the United States to sit as associate SEC. 11. That all appeals and writs of error in cases in which judge of the United States court of patent appeals must be with his appellate jurisdiction is by this act conferred upon the United States consent, and his service in that court shall not vacate bis office as judge court of patent appeals which 'Shall have been pending without hearing of the circuit court or district court, as the case may be. in the United States circuit courts of appeals or other courts of ap SEC. 4. That a term of the United States court of patent appeals shall pellate jurisdiction for less than three calendar months prior to the be held annually at the city of Washington, beginning on the second taking effect of this act shall be transferred from such circuit courts Monday of October in each year, and the same may be adjourned from of appeals or other courts to the United States court of patent appeals time to time as the court shall order. If at any time for the meeting and be heard and determined in that court a:s though they had been of the court a quorum of the judges shall not be present, the judges taken there from the trial courts by appeal or writ of error without present may adjourn the court, and, if necessary, adjourn again from further payment for certifying the record or any new or additional time to time until a quorum appear. If at any sitting of the court the docket or calendar fees ; all other appeals and writs of error in cases chief justice shall be absent, the associate judge senior in commission in which appellate jurisdiction is by this act conferred upon the United as judge of the circuit court of the United States, or senior in age in States court of patent appeals which shall be pend~g in the _United case of commissions of even date, shall preside. If no judge of a circuit States cireuit c-0urts of appeals or other comts of appellate jurisdiction court shall be present, the associate judge senior in commission as a at the time of the taking eJ:Tect of this act shall remain and be heard judge of a district court of the United States, or senior in age in case and determined by the courts in which they may be pending, respect of commissions of even date, shall preside. Until it shall be otherwise ively, as though this act had not been passed. provided by Congress the sessions of the eOUl't shall be held in a build SEC. 12. Then after th(! taking effect of this aet no appeal or writ ing or rooms to be provided by the marshal of the District of Columbia of error shall be taken from any circuit court or other court of the nnder the direction and approval of the Attorney-General of the United United States to any United States circuit court of appeals or other States. The court shall by order authorize its marshal to employ such appellate court in any ease in which an appeal or writ of error may deputies and assistanb\ for himself and the clerk of the court and such be taken to the United States. court of patent appeals under the pro criers, bailitfs, and messengers as the business of the court shall require, visions of this act. and to pay the salaries of such employees at rates of compensation not SEC. 13. That all laws and parts of laws inconsistent with the pro- exceeding those paid for similar services in the Supreme Court of the visions of this act are hereby repealed. · United States, and to pay all other necessary incidental expenses of the SEC. 14. That this act shall take effect and be in force on the - day court. The chief justice and each of the associate judges shall be en of---, 19-. titled to employ a clerk, whose salary, at a rate not exceeding that allowed the clerks of the Chief Justice and associate jUBtices of the The PRESIDING OFFICER. The bill will be passed over. Supreme Court, shall be paid as part of the expenses of the court. The court shall have power, in its discretion, to appoint a reporter and to HOH, QUILEUTE., AND OZETTE TRIBES OF INDIANS. fix by order his salary or other compensation for a sum not to e:z:ceed ~fb':.O o'tit~'aJ'J'~i~~iJ:ect the form and manner of the official publlca- The bill (S. 5269) to provide for allotments to certain mem SEC. 5. That the chief justice of the United States court of patent bers of the Hoh, Quileute, and Ozette tribes of Indians in the appeals shall receive a salary of [twelve} ten thousand dollars per State of Oregon was considered as in Committee of the Whole. year. The circuit judges of the United States sitting as associate judges It directs the Secretary of the Interior to allot on the Quin of the same court shall each receive the salary allowed him by law as a circuit judge, and in addition thereto, during the time of his service aiult Reservation, Wash., under the provisions of the allotment as a sociate judge of the United States court of patent appeals, but laws of the United States, all members of the Roh, Quileute, not longer, sueh additional sum as will make his entire compensation and Ozette tribes of Indians in Washington who may elect to during that seI"vice [eleven] nine thousand five hundred dollars per annum. The district judges sitting as associate judges of the United take allotments on the Quinaiult Reservation rather than on States court of patent appeals shall each receive the salary allowed to the reservations set aside for these tribes, but the ·allotments him by law as district judge, and in addition thereto, during the term authorized shall be made from the surplus lands on the Qoin of biz service as associate judge of the United States court of patent ap peals, but no longer, such additional sum as will make his entire com a!ult Reservation after the allobnents to the Indians thereon pens:i tion during that service eleven thousand [five hundred] dollars have been completed. 2952 CONGRESSIONAL RECORD-SENATE. l\!A.Rc~ 9, · The bill was reported to the Senate without amendment, as chaplain Sixth .1\Iissouri Infantry, war with Spain, from ordered to be engrossed ·for a third reading, read the third time, July 1 to July 15, 1898. and passed. The bill was reported to the Senate without amendment, or LANDS FOR RESERVOIRS. dered to be engrossed for a third reading, read the third time, The bill ( S. 6808) granting lands for reservoirs, and so forth, and passed. · was considered ns in Committee of the Whole. It extends the CERTAIN DESERT LA.NDS IN UTAH. _provisions of an act of Congress entitled "An act makiilg ap The bill { S. 6093) providing for the granting and patenting propriation for the current and contingent expenses of the In to the State of Utah desert lands formerly in the Uinta Indian dian Department, for fulfilling treaty stipulations with various Reservation, ·in Utah, was considered as in Committee of the Indian tribes, and for other purposes, for the fiscal year·ending Whole. - June 30, 1910," approved March 3, 1909, which authorized the Mr. HEYBURN. The Senator from Utah [Mr. SMOOT] is not Secretary of the Interior to grant :to railway companies lands present. I wish he could be present when this matter is _in Indian reservations for reservoirs, material or ballast pits, or taken up. . for the purpose of planting and growing trees to protect their Mr. CLARK. of Wyoming. The Senator from Utah left the lines of railway, to any lands which have been allotted in sev Chamber perhaps twenty minutes ago. When he went out he eralty to any individual Indian under any law or treaty, but said he was anxious that the bill should be considered. Inas which have not been conveyed to the allottee with full power much as a bill in which the Senator from Wyoming is inter of alienation; that the damages and compensation to be paid ested immediately following has substantially the same status, to any Indian allottee shall be ascertained and fixed in such possibly I will answer ~ place of the Senator from Utah. manner as the Secretary of the Interior may direct and shall be Mr. HEYBURN. I desire to call the attention of the Senator paid by the railway company to the Secretary; and that the to this in order that we may avoid further embarrassment. damages and compensation paid to the Secretary of the Interior The acts admitting Idaho, Utah, and perhaps Wyoming, by the railway company taking any such land shall be paid by although I have not examined the latter, contain this provi the Secretary to the allottee sustaining the damages. sion. After granting the various lands to the State, it says: The bill was reported to the Senate without amendment, The said State of Utah shall not be entitled to any further or other ordered to be engrossed for a third reading, read the third time, grants of land for any purpose than as expressly provided in this act. and passed. A short time ago Idaho was making an effort to obtain some HEIRS OF JOHN HOFFMAN. lands under the same circumstances, and the matter was sent The bill (S. 6747) for the relief of the heirs of John Hoffman, to the department by the committee, and a legal opinion was deceased, was considered as in Committee of the Whole. It pro returned saying that under that restriction no further grant-of poses to pay $1,200 to the_heirs of John Hoffman, in full settle lands could be made to the State. The department did not say ment and payment for the southeast quarter of the southeast that a grant_might not be made to an institution within the quarter of section 27, township 115 north, rafige 17 west, in the State. The language of this bill is that the lands shall be S~ate of Minnesota, on account of the land having heretofore granted to the State. If the department is correct in holding been patented to the State of :Minnesota, and it directs the that the prohibition contained in the admission act that no fur Secretary of the Interior to ascertain and determine to whom ther grant of land shall be made directly to the State, then it the money should be paid and what proportions thereof to the is just possible that the Senator· from Utah would want to have persons as heirs of John Hoffman, and that his determination this g1:ant of land to institutions within the State, which would thereof shall be final. not be within the prohibition of the statute. The bill was reported to the Senate without amendment, or I had never supposed for a mo'ment that we were not free to dered to be engrossed for a third reading, read the third time, make further grants of land to a State. There are-a number a:Qd passed. of bills on the calendar, and some before committees, proposing . ASSIGNMENT OF JUDGES IN NEW MEXICO. to make such grants. Therefore I think we ought to look into it. The bill °(H. R. 20835) authorizing the chief justice and asso Mr. CLARK of Wyoming. I think the Senator will find, upon ciate justices of the supreme court of the Territory of New looking into the matter, that the provision. in the act to which Mexico to assign the said judges to the several. judicial dis he refers does not apply to the proposition contained in these tricts of the Territory, was considered as in Committee of the two bills. That the report from the Department of the Interior W)lole. It vests the chief justice and associate justices of the would not apply to it is evident from its letter in regard to this supreme court of the Territory of New 1\Iexico with power and very legislation. Of course, this sort of legislation could not be authority to assign from time to time, as they may deem prope1~, made effective by making a grant to institutions in the State, any or either of the said judges to·. any .or either of the rc because this land is not to be taken for any purpose except to spe<;!tive judicial districts of the Territory, and each judge, after bring it under the Carey Act. B:~signment, sh.all reside in the district to which, for the time Mr. HEYBURN. Is this a Carey Act proposition? being, he may be assigned. Mr. CLARK of Wyoming. It is a Carey Act proposition. The bill was reported to the Senate without amendment, or l\Ir. HEYBURN. Pure and simple? · dered to a thir.d reading, read the third time, ~nd passed. 1\fr. CLARK of Wyoming. Pure and simple, except that it is to allow the Carey Act to be applied to certain Indian reserva- BRIDGEPO,RT NATIONAL BANK, BRIDGEPORT, OHIO. tion lands to which it would not otherwise be applicable. That The bill {H. R. 5272) for the relief of the Bridgeport l\ational is the pure and simple proposition in both bills, and that only. Bank, Bridgeport, Ohio, was· considered as in Committee of the l\Ir. HEYBURN. r give my support freely to all propositions Whole. It directs the Secretary of the Treasury to redeem, in to place land under the Carey Act. favor of the Bridgeport National Bank, BridgeJ?Ort•. Ohio, United Mr. CLARK of Wyoming. There is no proposition in either of States 5 per cent coupon bond ~or $1,~, with mterest from these two bills except to place these lands, formerly in Indian Febru.ary 1, 1899, to the date of its maturity, the ban~ t~ file a reservations, under the Carey Act. bond rn the pe~al sum of double the amount of the prmc1.pal of I l\lr. HEYBUR~. Then I shall certainly interpose no objec. the bond and_m~erest due. thereon. · tion. I wanted to call attention to it in order that we might · Mr. BACON. Mr. President, I do not wish to consume un- have it in mind in legislating along these lines. . necessary time, but I should like to know something about the The bill was reported to the Senate without amendment nature of the bill. ordered to be engrossed for a third reading, read the third time' Mr. BURTON. It is in relation to a thousand-dollar bond and passed. ' which was lost by this bank. The bill proposes to pay the CERTAIN DESERT LANDS IN WYOMING. amount of the bond with interest. -It is only one bond, a 5 per The bill ( S. 6690) providing for the entry of desert lands for cent coupon bond issued under the. act of January 14, 1875, numbered 19649, for $1,000, with interest from February 1, 1899, merly in the Shoshoni or Wind River Indian Reservation in to the date of its maturity. Provision is made for an indemnity Wyoming, was·considered as in Committee of the Whole. bond in the penal sum of twice the amount of the bond in case The bill had been reported fro~ the Committee on Public Lands, with amendmen1 f:I, on page 2, section 1, line 2, before the it should be presented for pa·yment. word "or," to strike out "Shoshoni" and insert "Shoshone;" The bill was reported to the Senate without amendment, or in line 8, after the word " States;•· to strike out "such " and. dered to a third reading, read the third time, and passed. insert " the; " in the same line, after the word " sum," to in ARTHUR H. BAR_NES. sert "of one dollar and twenty-five cents;" in line 9, after the Tbe bill ( S. 1318) for the relief of Arthur H. Barnes was w·ord "patented," to strike out "a~ will fulfill the provision of comiin.Pred as in Committee of the Whole. It proposes to pay section 2 of an act entitled 'An act to ratify and amend an agree to ...\ -i:tLnr H . . Barnes, of. Marshall, Mo., $68.06, salary due him ment .with the· Indians residing on the Shoshoni or Wi.nd River ~ i .... 1910. _CONGRESSIONAL RECORD-_SENATE. ·2953 Indian ·Reservation in the State of Wyoming, and to make ap- increase to be paid out of the appropriation for the building or build· ings herein authorized. propriations for carrying the same into effect,'-approYed March 3, 1895, so far as the same affects homestead entries upon said The amendment was agreed to. land, and said sums of," and insert "and the;'.' in line 17, be- The next amendment was, on page 2, section 3, line 23, after fore the word "Act" to strike out "said" and insert "and.,, the word "at," to strike out ":fifteen" and insert "not ex in the same line, after the word "Act" to insert "entitled 'An ceeding twelve;" and on page 3, line 1, after the word "ap act to ratify and amend an agreement with tbe Indians residing propriated," to insert the following proviso: on the Shoshone or Wind River Indian Reservation in the State ·Prov ided, That so much of the sum hereby appropriated as may be of W'-'omin" _g, a. nd to make ·appropr·1·ations for carrym·g the same ingsnecessary herein for provided the preparation for is hereby of themade plans available. for said building or build- into effect.' approved March 3, 1905," so as to make the sec- so -as to make the section read : tion read: SEC. 3. That the cost of the construction of said building or build- That the provisions of section 4 of an act -making appropriations ings, coi;riplete, is hereby fixed at not . exceeding $12,000,000, wtiich for sundry civil expenses of the Government for the fiscal year ending amount is hereby appropriated out of any money in the Treasury not .Tune 30, 1895, and for other purposes, approved August 18, 1894, and otherwise appropriated: Prov ided, That so much of the sum hereby ap the acts amendatory thereof, approved June 11, 1896, and March 3, propriated as may be necessary for the preparation of the plans for 1901, respectively, be, and are hereby, extended over and shall apply to said building or buildings herein provided for is hereby made available. the dese1·t lands included within the limits of the ceded portions of the Shoshone or Wind River Indian Reservation in Wyoming: p 1·ovided, The amendment was agreed to. That before a patent shall issue for any of the lands aforesaid under Mr. SHIVELY. l\fr. President, I suggest that the Senator the terms of the said act approved August 18, 1894, and amendments from West Virginia have the kindness to explain the necessity thereto, the State of Wyoming shall pay Into the Treasury of the United States the sum of $1.25 per acre for the lands so patented and for the sum· appropriated by this legislation. I know that the the money so paid shall be subject to the provisions of an act entitled public buildings around Washington are somewhat congested, on"An the act Shoshone to ratify orand Wind amend River an agreementIndian Rese1·vation with the Indiansin the Stateresidin"' of and re1. 1e f is· necessary. B u t h ere is· a propos1•t• ion t o expen d Wyoming, and to make appropriations for carrying the same into $12,000,000. We ought not to pass it through this body in a · effect," approved March 3, 1905. minute without something being said by the Senator in charge The amendment was agreed to. of the bill explanatory of it. The bill was reported to the Senate as amended, and the Mr. SCOTT. Mr. President, the Senator from Indiana is amendments were concurred in. probably aware of the fact that in the last public-buildings The bill was ordered to be engrossed for a third reading read act there was an appropriation of $2,500,000 to buy the blocks the third time, and passed. ' enumerated in the pending bill, on which to put up these build- The title was amended so as to read: "A bill providing for ings for -the Department of Justice, the Department of Com· the entry- of desert lands formerly in the Shoshone or Wind merce and Labor, and the State Department. The ground has River Indian Reservation in Wyoming." been acquired, the money has been paid, and title has passed to the United States, and within that appropriation. MEDEWAKA.NTON AND WAHPAKOOTA SIOUX INDIANS. Now, the object in passing this bill is to enable the House The bill (S. 5121) for the restoration of annuities to the to determine whether, if the committee report a public-build ~fedewakanton and Wahpakoota ' (Santee) Sioux Indians, de- ings bill, this will be included in that measure, or whether they clared forfeited by the act of February 16, 1863, was consid- will conclude to pass it in a separate bill.- If the Senator from ered as in Committee of the Whole. Indiana had taken the time to investigate, which time, I sup- The 'bill was reported to the Senate without amendment, pose, he does not have to spare, as is the case with most of us, ordered to be engrossed for a third reading, read the third he would have found that the Government is paying excessive time, and passed. rents for buildings occupied by it in which to do 'the govern· BUILDINGS FOB THE DEPARTMENTS OF STATE, JUSTICE, ETC. ment work properly; and those buildings are in all parts of The bill (S. 6382) to proyide buildings for the Departments the city. Some of the offices are separated by a distance of a of State, Justice, and Commerce and Labor, was announced as half mile or a mile, I may say. There is nothing, in my opin- the next business in order on the calendar. ion, that demands the attention of Congress· more than suitable _ Mr. BORAH. I ask that the bill be passed over. _ buildings for the departments in which they may do the busi- The PRESIDL~G OFFICER. The Senator from Idaho asks ness of the country that comes to them. that the bill be passed over. An · appropriation of $12,000,000 may seem large, but we are l\fr. SCOTT subsequently said: Mr. President, I understand not building for to-day. We have to provide buildings that will that a friend of mine asked that Senate bill 6382 go over on be suitable for the Government one or two or three hundred account of my being absent from the Senate Chamber. I should years from now. · like to call it up, and I hope there will be no objection to its I have often suggested that we should pass a bill authoriz· passage. ing the sale of $100,000,000 of bonds from time to time as By unanimous consent the Senate, as in Committee of the it was necessary for theni to be issued, for the purpose of Whole, proceeded to consider the · bill, which had been reported erecting buildings for the use of the Government. Those bonds from the Committee on Public Buildings and Grounds with could be very readily floated at 2 per cent, whereas the Gov amendments. ernment is now paying anywhere from 10 to 17 per cent on The :first amendment was, on page 1, line 8, after the word money invested by private individuals in buildings that the .. thirty," to insert "and streets included therein;" on page 2, Government rents. , line 5, after the word "Columbia," to insert "and for other '.rhat to a business man looks like very poor business, and the governmental purposes; " in line 9, after the word "apparatus," hope of these great departments is that they can get their to insert" power;" and in line 10, after the word" approaches," offices together and have a home. Especially is that true of to insert "and which plans shall rbe submitted to and approyed the State Department, where the ministers and ambassadors by Congress," so as to make the section read: and foreign representatives have business, so that we may have a place where they can be met and where we shall feel that the ThaJ: the Secretary of State, the Attorney-General, and the Secretary dignity of this great country of our·s ·s not hUIDl·liated by the of Commerce and Labor .be, and they al"e hereby, authorized and di- 1 rected to cause to be erected, upon squares numbered 226, 227, 228 229 quarters the State Department occupies. and 230, and streets included therein, In the city of Washington suit: The Department of J t• h h t 11 1 able and commodious fireproof building, or buildings, whichever 'ina their . . u~ ice as no ome a a ' et me say. opinion may best meet the requirements of their respective departments It IS rentmg a few old buildings on K sh·eet and in other parts said building or buildings to be for the use and accommodation of the of the city. The Department of Commerce and Labor is in the · departments of State, Justice, and Commerce and Labor, including all same condition. of their bureaus and offices now occupying quarters in the District of Columbia, and for other governmental purposes, and to be constructed I hope the Senate will pass the bill without a dissenting vote In accordance with plans to be procured, based upon accurate estJ.- so that it may go to the House, and that we may either in th~ mates, providing for the erection of said building or buildings com- public buildings bill or in a sepa t b.ll plete in all details, including heating and ventilating apparatus, power, - . ra e 1 secure an appropriation elevators, and approaches, and which plans shall be submitted to and at least to inaugurate the plan and get the specifications so that approved by Congress. these buildings may be started. ' . The amendment was agreed to. . I think the junior Senator·from New York [Mr. RooT] -possi- The next amendment was, on page 2, section 2, line 12, before bly c~n say a word that will help the bill through, which I hope the words " per centum," to strike out " twenty-five " and he will do, as I know he was very much interested in it when insert "ten," so as to make the section read: he was Secretary of State, as he has been since he has been in SEC. 2. That the supervision of the construction of said building or the Senate. buildings shall be placed in charge of an officer of the Government l\Ir. ROOT. Mr. President, I can say to the Senator from especially qualified fot• the duty, to be selected and appointed by the I~diana _ that altho~gh th:is bill ap~eared _to be passing· along Sec1·etary of State, the Attorney-General, and the Secretary of Com- without much consideration, that results from the fact that n;i.erce and Labor, sul,Jject to the approval of the head of the depart- ment in which such officer ls employed, who shalt receive for his ad- ' ·the subject has received long-continued, repeated, and exhaust~ ditional services an increast of 10 per cent of his present salary, such ive consideration in committee and elsewhere heretofore. It 2954 CONGRESSIONAL . RECORD-SENATE. MARCH 9, is now, I should think, seven or eight years since the Congress and Congress must approve it In my judgment, the bill is authorized a new building for the Department of Justice. Com meritorious, and it ought to have the unanimous support of the petition was held and the design was selected. But by the time entire Senate. that was done it had become quite obvious that with the broad Mr. PAGE'. Mr. President, I confess I am very much inter ening out of the functions of the Department o:f Justice the ested in the remarks of the Senator from Georgia. He says building proposed would be inadequate. that he is opposed te> the issuance of bonds to pay for these For a number of years that department was located at buildings, and so am I. I believe we ought to pay our bills as several "diffei-ent places in the city of Washington. The lawyers we.go along, barring, perhaps, the expense of the canal or some would be at one place, the books in another, the clerks in an other large improvement which may be called for in the shape other, and the papers in another. There were seven places of the development of waterways. four or five years ago; I do not know how many more there I sit here and see small appropriations made, and I think are now. perhaps we can meet them out of the current income of the The plan was secured, and the construction of a new building Government; but when .we come to appropriations of $12,000,000 was authorized by Congress, and the money was appropriated I am led to wonder whether we are not paying out more than for it on the occasion of the old building of the Department of we will receive. I should like to ask the Senator from West Justice, which was on Pennsylvania avenue opposite the north Virginia if th~ grand aggregate of our appropria.tions is not, in ern end of the Treasury, being condemned as unsafe, so that his judgment, likely to exceed this year by a very large sum the department bad to abandon its building. The need for a the amount of our income? building for the department has been continually grov6ng Mr. SCOTT. Mr. President, the Senator, perhaps, is just as greater as we impose more and more duties on it. It is not only well able to answer that question as I would be. I would pro very expensive in rentals, but it is very injurious to efficiency. We vide for these buildings, as we have already $2,4G3,000 invested are not getting effective work because of the department being in the land. As a matter of course we lose the interest on so scattered.. that, and we are paying rent for buildings that these depart The State Department has now less room than was provided ments are occupying. As a business man it looks like very for it when the State, War, and Navy building was built more poor business to me to allow the land to lie there without put than thirty years ago. The enlarged requirements of the War ting these buildings on it, and you can not put the buildings Department and the Navy Department have been crowding the there without an appropriation. State Department, until three or four years ago it had only about 60 per cent of the room originally allotted to it back in I would suggest to the Senator that there might be a miy if the seventies. The State Department has pushed out into we would cut off putting np public buildings all over the country other buildings. The building across on Seventeenth street is in small cities of two or three thousand inhabitants, where the occupied by it, and it has now put quite a number of bureaus total rent paid by the Government does not exceed two or three over in the Trust Company building on Fifteenth street. Con hundred dollars, and they get light and heat. Then when we fidential and important- papers are scattered about in those put up a public building costing $80,000 or $100,000 we have to different buildings, so that it is exceedingly difficult to do the put a janitor there at $600 a year, and we have to put light and work of the department. he.at in that building. There is not much economy in that. I The Department of Commerce and Labor was created a num am willing to cut such buildings as that out of the public-build ber of years ago, and Congress never did give it a building. It ings bill and appropriate that money where it is needed. That never had a building. It has been wandering about -the city, · is business. . . finding rooms to rent wherever it could. Mr. PAGE. Mr. President, I want to say to the Senator from I think the Senator from West Virginia is very modemte in West Virginia that I have been appealed to by cities in my own his statement that this subject was determined by Congress State to ask for an appropriation this year for public buildings, when the appropriation for the purchase of the land was made. and my answer has been emphatically, t• No, sir; I will not asl{ That question was up before Congress a number of times. The for an appropriation for- Vermont this year; we are trying to measure passed this body, I think, three times. live within our income." Much as I would like to see every Mr. SCOTT; Three times. thing that we ought to have provided for, I want to ask a ques Mr. ROOT. And it was reported out of the committee in the tion as I go along, whether we are not exceeding our income. House a number of times. Finally, after going through the Are we not facing a deficit at the end of the first fiscal year ot pro!!ess ·of incubation and _of long-continued consideration and the present administration? discussion, both Houses reached the conclusion that this had to I am not making these remarks because I propose to vote be done. .Accordingly they appropriated for the land; the land against this bill, but I do feel that as we go through these ap has been purchased, and now the business of the Government propriation bills we ought to carry out the principle as far as is suffering every day that we do not go on and complete the we can that we will not spend more than we earn. That is my transaction. I hope the bill will be passed. _ education, and I want to see it applied to the running of the Mr. CLAY. Mr. President, this bill carries $12,000,000, which Government. When we get to it, the Government is simply an is a large sum, but, in my judgment, it ought to pass. It came aggregation of business enterprises brought together' here. I from the Committee on Public Buildings and Grounds without should like to have a measure of economy developed which any ·opposition. Heretofore, at a previous session of Congre· s, I sometimes feel does not exist in Congress, because when we a subrommittee heard the facts in regard to these three differ get through with the aggregate of all these appropriations I ent departments, and Congress provided for the purchase of the want to see them come pretty nearly within our -income; and ground. I believe we paid in the neighborhood of three or four if we can not bring them there, I should like to see a little million dollars for the ground. When Congress agreed to pur paring done, even though it may seem to be overprudent. chase the land on which to locate these buildings it doubtless I wish I might know, -as the Senator from West Virginia sug contemplated that appropriations would follow for the purpose gests, that the Government may borrow all the money it wanted of erecting a suitable building or buildings thereon. at 2 per cent. That is not my idea of the case to-day. If we Mr. President, it is true that the bill carries a large sum, but have a deficit for two or three years. I think it will be very the Department of Justice to-day, we all know, is without a difficult indeed for us to borrow money at 2 per cent. It iS not sufficient home to take care of it. The building where the De in the market to-day, as I understand it, and I do not think partment of Justice is located is a disgrace to the people -of the that we can see it if we continue the large measure of expendi United States. We know that the Department of War, the De tures now indulged in. partment of State, and the -Navy Department are all in the Mr. BACON. Mr. President, I simply wish to make an in same building, and it is impossible at this time to secure enough quiry of the Senator from West Virginia, and possibly also of room there to_ take care of those departments. my colleague, who is on the .Appropriations Committee. What I agree fully with the Senator from '\'\Test Virginia that this is the anticipation as to the time when an this money will have bill ought to .pass, and there ought not to be any opposition to it to be expended? It will not all _have to be expended in one But I do not agree to the proposition that hereafter we ought yea~ · . to pass a bill in order to erect public buildings providing for l\Ir. SCOTT. Oh, no; the Supervi~__ng Architect is behind $100,000,000 of bonds. I believe by a careful and prudent man now two or three years with his plans and specifications in agement of our financial affairs we can erect the public build drawing them for buildings that have already been authorized. ings and pay for them out of the current revenues of the Gov The authorization here, you will notice· at the close of the bill, ernment without increasing the bonded indebtedness of the is for only so much of this money as will prepare the plans United States. and specifications. In all probability it will be five or six years I understand that it this measure passes it will take prob before the entire appropriation is needed. ably from three to five years to complete these buildings. The Mr. CLAY. I will ask the Senator, Is it not true that this ru·chitect is to draw a plan and submit that plan to Congress, bill does not appropriate $12,000,000, but that hereafter, as the 1910. CONGRESSIONAL REOORD-SENATE. 2955· money is needed at each session of Congress,· the amount will The bill was reported to the Senate without amendment, be appropriated for the purpose of completing the work? ordered to be engrossed for a third reading, read the third time, Mr. SCOTT. That is it exactly. and passed. · Mr. WARREN. I am glad that statement has been made, MONUMENT TO BRIG. GEN, JAMES SHIELDS. for, however this Senate bill may read, it should be well unc~.er stood that practically we are simply authorizing the limit of The bill (H. R. 11580) for the erection of a monument over expense which these buildings may cost, and they have to be the grave of Brig. Gen. James Shields in St. Mary's Cemetery, appropriated for hereafter, in appropriation bills from time to Carrollton, Mo., was considered as in Committee of the Whole. time, and the state of the Treasury will of course be con It proposes to erect a suitable monument over the grave of Brig. sidered. Gen. James Shields in St. Mary's Cemetery, at Carrollton, Mo., not· to exceed in cost $3,000. Regarding the inquiry of the Senator from Vermont, as . to The bill was reported to the Senate without amendment, or our income and outgo, I doubt if anyone can tell to-day whether the appropriations are going to be kept within the limit of our dered to a third reading, read the third time, and passed. current revenues this year or not. If we may believe the ap STATUE OF MAJ, GEN. JOHN STARK. proximates and calculations being made at the Treasury Depart The bill (S. 528) for the erection of an equestrian statue of ment, we shall keep within our income if we proceed with the Maj~ Gen. John Stark in the city of Manchester, N. H., was same economy that we have in those appropriation bills that considered as in Committee of the Whole. It proposes to appro have so far this session been reported. The first two bills priate $40,000 for the erection of an equestrian statue of Maj. passed were in aggregate something like $8,000,000 less than the Gen. John Stark within the limits of the city of Manchester, two similar bills of the year before. Other appropriation bills N. H., and for the proper preparation, .. grading, and inclosing may have exceeded by a few hundred thousand dollars in some of the lot and foundation upon which said statue shall be cases, and some have been less, but unless the rivers and har erected which sum shall be expended under the direction of bors bill and the naval appropriation bill-the two that are the sec'retary of War or such officer as he may designate. the most likely to be large in amount and where there is the The bill was reported to the Senate without amendment, or greatest probability perhaps of overrunning-shall exceed what dered to be engrossed for a third reading, read the third time, we expect they may contain, and if we shall get from the tax and passed. on · corporations what may be reasonably expected, with the CAPT. WARREN C. BEACH, present income that the internal revenue and the new tariiI The bill (S. 1028) to appoint Warren C. Beach a captain in law is affording us, our outgo will be well inside of the income the army and place him on the retired list was considered as of the Government during the year. in Committee of the Whole. It authorizes the President, by Mr. CURTIS. I want to suggest to the Senator from Wy and with the advice and consent of the Senate, to appoint War oming that on the first six appropriation bills the amount was ren C. Beach, late captain, Eleventh Infantry, United States $11,000,000 less 'than the appropriations last year. Army, to be a captain of infantry in the Army of the United .Mr. SHIVELY. Mr. President, Senators are mistaken if States and to place him on the retired list of the army with the they imagine that I asked the question a few moments ago in rank of captain. But he shall not, by virtue of such restoration a spirit of hostility to the general purPQse of the bill. I have to the army, be entitled to back, present, or future pay or allow known for some time of the condition of our public buildings ances of any kind whatsoever. in this city with reference to the necessities of the public busi The bill was reported to the Senate without amendment, ness. We have a number of ambulatory departments in Wash ordered to be engrossed. for a third reading, read the third time, ington. Visitors to the city do not find theII,l at the same place and passed. · · on two. successive occasions. I am in favor of suitable quar GEORGE W. FLACK. ters for these great departments. My question was designed to direct attention to the large The bill (H. R. 17838) for the relief of George W. Flack was amount of money carried in the bill and which was going considered as in Committee of the Whole. It provides that through without explanation or discussion. It is claimed that in the administration of the pension laws and the laws govern this bill does not appropriate. I think that is an error. Sec ing the National Home for Disabled Volunteer Soldiers, or any tion 3 expressly provides for an amount- branch thereof, George W. Flack, now a resident of Pennsyl not exceeding $12,000,000, which amount is hereby appropriated vania, shall hereafter be held and considered. to have been hon out of any money in the Treasury not otherwise appropriated: Pro orably discharged from the military service of the United States vided, That so much of the sum hereby appropriated as may be neces as a private of Company I, Fifth Regiment United States Vet sary for the preparation of the plans for said building or buildings herein provided for is hereby made available. eran Volunteer Infantry, on the 16th day of June, 1866. But no pension shall accrue prior to the passage of this act. These are words of appropriation. I do not know that it The bill was reported to the Senate without amendment. makes T"ery much difference whether we appropriate now or Mr. BACON. What is the nature of the bill? later. It only occurred to me that the sum was too large. It Mr. WARREN. It is a bill for the correction of a military is more than twice as much as was put into the Library build record. The party served three years and received an honor ing. It is three or four times as much as the Senate Office able discharge. He reenlisted and served a year, .cfaithfully and Building cost. well, but through showing mercy to a prisoner in taking off The bill was reported to the Senate as amended, and the his handcuffs, he was court-martialed and discharged. This bill amendments were concurred in. is for the purpose of giving him a pensionable status from the The bill was ordered to be engrossed for a third reading, read date of the passage of the aot. the third time, and passed. Mr. BA.CON. I do not wish to be understood as objecting. I PUBLIC BUILDING AT PABK CITY, UTAH. simply wanted to know what the bill is. .J could not understand The bill ( S. 6643) to increase the limit of cost of the public it from the reading. building at Park City, Utah, was considered as in Committee The bill was ordered to a third reading, read the third time, of the Whole. and passed. It proposes to increase the limit of cost for the purchase of GEORGE BAKER, a site and the erection of the public building at Park City, in The bill (S. 4689) to correct the military record of George the State of Utah, from $25,000 to $30,000. Baker was considered as in Committee of the Whole. It pro The bill was reported to the Senate without amendment, Yides that in the administration of the pension laws George ordered to be engrossed for a third reading, read the third time, Baker shall hereafter be held and considered to have been hon and passed. orably discharged as a private of Company H, Third Regiment INDIAN LANDS IN RICHABDSON COUNTY, NEBR. Delaware Volunteer Infantry, as to date October 1, 1862. But The bill ( S. 2180) to amend sections 1, 2, and 3 of chapter no pay, bounty, or other emoluments shall accrue or become pay 3298, Thirty-fourth United States Statutes at Large, with ref able by virtue of the passage of this act. erence to the drainage of certain Indian lands in Richardson The bill was reported to the Senate without amendment, County, Nebr., was considered as in Committee of the Whole. ordered to be engrossed for a third reading, read the third time, Mr. PA.GE. I should like to ask the Senator who reported and passed. the bill what amount of money it will take from the general The title was amended so as to read : "A. bill forthe relief of Treasury, if any? George Baker." Mr. BROWN. It will not take any money from the Govern WILLIAM H. HAWLEY. ment Treasury. It takes it from the tribal fund. The bill (H. R. 21693) for the relief of William H. Hawrey was Mr. PA.GE. It is to be reimbursed? considered as in Committee of the Whole. It provides that in Mr. BROWN. It is to be reimbursed. the administration of the pension laws William H. Hawley, 2956 CONGRESSIONAL RECORD- SENATE. MARCH 9, alias Henry Hawley, shall hereafter be held and considered to Mr. GALLINGER. Mr. President, this bill was given very have been honorably discharged .from the military service of the careful consideration by the Committee on Commerce. I was United States as private in Company EJ, Twenty-first Regiment directed to report it. I confess that I had not looked into the Illinois Volunteer Infantry, on the 6th day of .April, 1863. But matter very closely at that time. As I under tand, this is a no pension shall accrue prior to the passage of this act. device that is of very great value to vessels along the coast, The bill was reported to the Senate without amendment, particularly in foggy weather. The sound from our existing ordered to a third reading, read the third time, and passed. methods, bells and all that sort of thing, is not conveyed in PATRICK SHIELDS. foggy weather so that the direction from which it comes can be ascertained, and vessels have been lost because of that fact. .A bill (H. R. 20180) for the relief of Patrick Shields was Submai·ine signals convey the sound directly to the vessels, and considered as in Committee of the Whole. It provides that there is no question on the part of the navigators as to where in the administration of the pension laws and the laws goYern it comes from. Such signals have been tested to a very con ing the National Home for Disabled Volunteer Soldiers, or any siderable extent and are strongly recommended by the Depart branch thereof, Patrick Shields, now a resident of New York, ment of Commerce and Labor and by other officials who have shall hereafter be held and considered to have been honorably looked into the subject. I think such a system is of the very discharged from the military service of the United States as a greatest possible value to our shipping interests, and I, for that first sergeant of Company B, Sixty-second Regiment New York reason, support the bill. Veteran Volunteer Infantry, on the 14th day of January, 1865. The bill was reported to the Senate without amendment, or But no pension shall accrue prior to the passage of this act. dered to be engrossed for a third reading, read the third time, The bill was reported to the Senate without amendment, and passed. ordered to a third reading, read the third time, and passed. NAVIGABLE WATERS WITHIN CITY LIMITS. SALE OF LANDS TO JOHNSON COUNTY, WYO, The bill (H. R. 17872) providing for the sale to Johnson The bill (S. 6118) to amend the act entitled ".An act making County, in the State of Wyoming, of certain lands was con appropriations for the construction, repair, and preservation of sidered as in Committee of the Whole. It proposes to sell and certain public works on rivers and harbors, and for other pur convey to the county of Johnson, in the State of Wyoming, the poses," was considered as in Committee of the Whole. south half of the southwest quarter of section 5, the northwest The PRESIDING OFFICER. The amendments reported to quarter of the northwe t quarter, the south half of the north the bill by the Committee on Commerce will be stated. west quai·ter, the south half of the northeast quarter of section l\Ir. CLAY. Let the bill :first be read at length, .Mr. Presi- 8, and the southwest quarter Qf the northwest quarter of sec dent. tion 9, in township 50 north, range 82 west of the sixth principal The PRESIDING OFFICER. The bill will be read. meridian, containing 320 acres, more or less, upon the payment The Secretary read the bill. by the county of $1.25 per acre for the lands. Mr. ROOT. .Mr. President, this bill was introduced by me The bill was reported to the Senate without amendment, on the request of the government of the city of New York, in ordered to a third reading, read the third time, and passed. order to remedy a certain power in the War Department and to deal with a situation that occasionally occurs and which HOMESTEADERS ON GUNNISON TUNl\TEL PROJECT. does now exist in one or two places in the city of New York. The bill (S. 1874) allowing homesteaders on the Gunnison When little bayous or arms of navigable waters run out into Tunnel project to leave their claims until water is available the land, but are not a connecting link with any other piece was considered as in Committee of the Whole. of water and are not thoroughfares, the growth of a city fre The bill had been reported from the Committee on Public quently leaves the little water running into the land a mere Lands with an amendment to strike out all after the enacting center of disease; the water becomes polluted; there is no cur clause and to insert: rent through it; and the necessities of the land commerce of That all qualified entrymen who have heretofore made bona fide the city make it much more desirable to bridge it over or to entry upon lands proposed to be irrigated under the provisions of the :fill it up than to take it for the purposes of commerce. There act of June 17, 1902, known as the national irrigation act, may, upon is one such situation that I know of now, where it is exceed application and a showing that they have made substantial improve ments, and that water is not available for the irrigation of their said ingly desirable upon all grounds to cut the end off of one of lands, obtain lenve of absence from their entries, until water for irri these little vermiform appendices existing in the city of New gation is turned into the main irrigation canals from which the land York. That led the last administration of New York to make is to be irrigated: Prnvided, That the period of actual absence under this act shall not be deducted .from the full time of residence required a formal request that such power be conferred upon the Secre by law. tary of War. .As that administration was about going out, I The amendment was agreed to. waited until the present administration came in, and asked The bill was reported to the Senate as amended, and the further consideration of it by the present city government, and amendment was concurred in. they concurred. The bill was ordered to be engrossed for a third reading, read It is an act which merely confers power upon the Secretary the third time, and passed. of War to deal with such a situation when he finds it to be for The title was amended so as to read: "A bill granting leaves the best interests of the United States and not injurious to of absence to homesteaders on lands to be irrigated under the commerce. I should think we might well go that far. Mr. BACON. If I caught the reading of the bill correctly, it provisions of the act of June 17, 1902." is limited to bayous and other waters which are wholly within a ORDER OF ODD FELLOWS OF CENTRAL CITY, COLO. certain jurisdiction. The bill ( S. 1872) setting apart a tract of land to be used as Mr. ROOT. Waters which are wholly within the limits of a a cemetery by the Independent Order of Odd Fellows of Cen certain city. tral City, Colo., was considered as in Committee of the Whole. Mr. CLAY. I haYe no objection to the bill. It proposes to set apart, from and out of the mineral lands in The PRESIDING OFFICER. The amendments reported by Eureka mining district, Gilpin County, State of Colorado (such the Committee on Commerce will now be stated. lands having been heretofore returned to the lands office at The :first amendment of the Committee on Commerce was, on Central City as mineral lands), a tract of land not exceeding page 1, beginning in line 3, to strike out "That after section 10 7 acres in extent, to be used by the Independent Order of Odd of the act entitled '.An act making appropriations for the con Fellows of Central City, Colo., as a cemetery. struction, repair, and preservation of certain public works on The bill was reported to the Senate without amendment, or rivers and harbors, and for other purposes,' approved March 3, dered to be engrossed for a third reading, read the third time, 18DD, the following be inserted: 'Provided, however; ' " and on and passed. the same page, in line 9, after the words " form a,'' to strike out SUBMARINE SIGNALS. " connection " and insert " connecting link," so as to read : The bill (S. 6603) authorizing the establishment of submarine Be it enaotea, eto., That where a river or other waterway, which do s signals was considered as in Committee of the Whole. It directs not form a connecting link between other navigable waters of the United States, lies wholly within the limits of a single city, the legi lature of the Secretary of Commerce and Labor to establish under the the State within which it lies, or the proper city authorities to whom direction and supervision of the Light-House Board such sub the legislature of the State has delegated or may in the future deie"ate ..marine signal aids to navigation at points along the seacoast its powers over said river or waterway, may, when the duly approved plans for the city beautification, extension, or sanitation, or when its Jine of the United States or in the waters of the Great Lakes commercial interests so require, obstruct the navigation of said river or as may, in his opinion, be considered advisable or necessary, other waterway by closing all, or a portion, of the same, or by building and appropriates for such purposes $100,000. structures in or over it : Pt"o-vided, That the Secretarl of War is satis fied that such obsh·uction is necessai·y for the bes interests of the 1\ir. SHIVELY. l\Ir. President, I ask the Senator from New United States and that the location and plans for the proposed work or Hampshire [Mr. GALLINGER] , who reported this bill, to kindly works have been approved by the Chief of Engineers and the Secr£::tary make an explanation of it. of War: And provided further, That the cost of such work or works and / 1910. CONGRESSIONAL RECORD-SENATE. 2957 of all claims for damages and injuries that may arise in consequence ot :Ur. ROO'.r. I do not suppose that the business transactions its or their construction or maintenance shall be bome by the said city. of the small custom-houses furnishes the occasion for such a The amendment was agreed to. provision, but the enormous mass of business which is con The next amendment was to add at the end of the bill the ducted at the large custom-houses makes it necessary to have following as a new sect ion : such a provision. It may be that there would be some slight SEC. 2. That the right to alter, amend, or repeal this act is hereby inconveniences to the small custom-houses; but I think they expressly reserved. . ought to be willing to endure a little incol).venience in order to The amendment was agreed to. prevent very serious evils affecting the great mass of the cus- The bill was reported to the Senate as amended, and the toms business of the country. . amendments were concurred in. Mr. PAGE. My own experience is that custom-house brokers The bill was ordered to be engrossed for a third reading, read are quite extravagant in their charges, and if now they are to the third time, and passed. be allowed to make a still larger charge than they ha·rn done for The title was amended so as t<> read: "A bill to confer upon the past fifty years. by reason of th.is bill, I do not know but state and municipal authorities certain powers with respect to what we are d.iscommoding and burdening a very large number navigable waters wholly within city limits." in order that the custom-house at New York may be provided with licensed brokers. I somewhat question the advisability CUSTOM-HOUSE BROKERS' LICENSES. of this bill. It may be all right if the Senator from New York The bill (S. 6173) to license custom-house brokers was con says it is, and I take his word for it; but I am sure from my sidered as in Committee of the Whole. experience that it is not unlikely to impose upon importers at Mr. ROOT. .Mr. President, I will explain this bill. It is the smaller custom-houses a burden which perhaps they ought designed to give the public authorities of the United States not to be obliged to bear. some control over quite a large class of perso~ who represent Mr. ROOT. I call the Senator's attention to the fact that it the public, or ind.ividuals of the public, so that the publ.ic may involves no expense or charge. Anybody who wants to- do busi be protected. ness at a custom-house can go in and get his license. It is ma.de The custom-house business is a mystery, quite as much so the duty of the collector at every port to issue, upon application, as the business of any of our courts, or even more so. Of all to any person being a citizen of the United States, a license to the hundreds of Americans who are going to Europe and transact business. It will be n<> more than one of the papers coming back as travelers and who are bringing in goods from which are involved in getting through an entry or an invoice. Europe, very few know anything about the intricacies-the Mr. PAGE. Yes; but, to illustrate, take the State of New manifold intricacies-existing under our complicated statutes. York, for instance. They have no custom-house at Albany or at They are entirely in the hands of brokers. No one of us can Schenectady or at Syracuse-I do not know but that they have do anytb.ing in the custom-house without employing a broker. one at Syracuse; but many of the larger interior cities have As far back as twenty-six or twenty-seven years ago, when I no custom-house, and the business must be done at the border. was dealing with these laws in the city of New York, every now A man living at Ogdensburg, at Fo-rt Covington, or at Niagara, and then there would come up a case where a broker had been can attend to his own customs business, while a man living in ."crooked" with his employer. .The Government can protect the interior-and that is where the great bulk of the importers itself. If the broker does anything wrong with the Govern live-must be subjected to the expense of procuring a custom ment, the custom-house authorities can refuse to do business house broker; and I do- not kn.ow but that some protection for hlm or to permit him to come in, but they have no authority ought to be given to him. It is a matter to which I have not to give any protection or any redress to any individual who has given large consideration; but, as it strikes me now, it may been wrongfully dealt with by the man whom be bas trusted. make quite a heavy burden upon the smaller importers in the The present customs authorities of the G<>vernm-ent are quite interior cities. urgent to have some such provision as th.is; its terms have Mr. ROOT. I can not see how it will make any difference been pretty carefully guarded, and I think it is quite important at all. that we should adopt the provision. Mr. PAGE. If you limit the competition among the men who Mr. BACON. Mr. President, I fully realize the importance are tO' do that work, I submit to the Senator from New York of that kind of legislation. I myself once had a personal expe that~ by eliminating the competiti<>~ you are likely to make rience which demon trated the necessity of some such regulation. larger the charges of those who rema.in in the business. 1r. ROOT. As it is now, there is no control over these Mr. ROOT. But it does not limit the competition, because custom-house brokers at all. Anyone, any rapscallion who can anybody can get the license. If a man has never in bis life had .get somebody to confide in him, can go in and rob him in the but one invoice to enter, it is a perfectly simple thing for him custom-house. There is none of that salutary control which is to get that license as a part of the papers under which he makes exercised over members of the bar, over auctioneers, and over that entry. a great many other callings in which the rights of the public Mr. PAGE. And that license is obtainable where? ought to be protected. Mr. ROOT. At the custom-honse where he makes the entry. Mr. CLAY. Mr. President, I sbcmld like to ask the Senator Every collect-0r is authorized to issue licenses. this question: Suppose a citizen was underta1.."'ing to transact Mr. PAGE. And do-es the bill provide what must be· paid for his own business, would the bill interfere with his doing so? that license? Mr. ROOT. That is expressly provided for by the bill. Mr. ROOT. It does not authorize any charge whatever. It Mr. OLAY. Do I understand that there is a provision in the provides-- bill allowing him to do so, without approval? That the co.Ilector shall, upon application, issue to any person being Mr. ROOT. There is such a provision. a citizen of the United States. a license to transact business as a cus :Ur. PAGE. I should like to ask the Senator from New tom-house broker. York if the effect of th.is bill is not likely to make the expense l\fr. PAGE. I yield the objection I have, altho-ugh I still have of doing business at the custom-houses on the frontier very doubt about the advisability of the bill. much larger than it now is? The PRESIDING OFFICER. The question is on the- amend Mr. ROOT. No; I think not There is an express provision ment reported by th~ Committee on Commerce, which will be that- stated. This act shall not be so construed as to prohibit any person from The SECRETARY. In section 3,. page 2, line 16, at the beginning ~~~f::s~ting business at a custom-house pertaining to his own impor- of the line, it is propo ed to sh·ike out "court of customs ap peals" and insert "United States circuit court for the circuit in Mr. PAGE. Yes; but the great bulk of the importers of the which the collection district is situated; .. and in the same sec country do not Uve contiguous to a custom-house, and they are tion, page 3, line 1, after the word " said," to strike out " court obliged· to ha¥e some one else attend to their business for them. of customs appeals" and insert "United States circuit com~t for It seems to me that if a custom-house broker is to be licensed the circuit in which the collection district is situated," so as to and if no one can do the business under a general power of make the section read : attorney the result may be that the custom-house brokers will SEC. 3. That any Ileen ed custom-house broker aggrieved by the de ci ion of the Secretary of the Treasury may, within thirty days. there double their charges for doing this service and impose upon the after, and not afterwards, apply to the United States circuit court for country a very large unnecessary burden. the circuit in which the collection district is s1tuated for a r eview of Mr. ROOT. It is quite simple for the people who do the such decision. Such application shall be made by filing in the office of the clerk of sn.id court 1J. petition praying relief in the premises . . business to obtain licenses. Ther eupon the co.urt shall immediately give notice in writing of such Mr. PAGE. Well, we have been doing it without s~ch a application to- the Secretary of tbe Trea sury, who shall forthwith trans law for more than a hundred years, and I should Uke to know mit to s:aid court the record and evidence taken in the case. together with a st atement of his decision t herein. The filing of such application what has ari en of late that seems to make such a requirement shall operate as a stay of the revoj'.!ation ·of the license. The- decision essential for all of the little custom-houses on the border. of said United States circuit court for the circuit in which the ~ollec· 2958. CONGRESSIONAL RECORD-SENATE. MARon 9, tion district is situated shall be final and the proceedings remanded to and also any legal or equitable defense, set-oil', or counterclaim which the Secretary of the Treasury for further action to be taken in accord the United States may have against said Omaha tribe ot Indians, and nnce with the terms of the decree. to enter judgment thereon, with authority to allow interest upon such The amendment was agreed to. items as the court shall deem proper. The bill was reported to the Senate as amended, and the The amendment was agreed to. amendment was concurred in. The next amendment was, on page 2, line 25, after the word The bill was ordered to be engrossed for a third reading, " Indians," to insert " to prosecute their claims under this read the third time, and passed. act," so as to read : Such action shall make the Omaha tribe of Indians party plaintiff ALTER ROAD, DETROIT, MICH. and the United States party defendant, • • • and the said peti tion may be verified by the attorney employed by the said Omaha In The bill (H. R. 18593) to authorize the transfer of the govern dians, to prosecute their claims under this act, under contract approved ment highway, known as the Alter road, to the city of Detroit, by the Commissioner of Indian Affairs and the Secretary of the Interior. Mich., was considered as in Committee of the Whole. The amendment was agreed to. . Mr. BACON. I should like to inquire of the Senator from The next amendment was, on page 3, line 12, after the word Michigan whether or not the jurisdiction over this strip of land "attorneys," to insert "employed," so as to make the proviso was ever ceded by the State of Michigan to the United States, read: or whether it was originally reserved when the State was Pt·o'IJided, That upon the final determination of such suit the Court organized? The reason I ask is that it seems to me that if there of Claims shall have jurisdiction to decree such reasonable fees as the ever has been any formal cession of jurisdiction by the State court shall find shall be paid to the attorney or attorneys employed by the Omaha tribe of Indians, and the same shall be paid out of any sum to the United States, there ought to be some language in the bill or sums found due said Omaha tribe ot Indians. to~ede~ - Mr. BURROWS. The building of the light-house at the head The amendment was agreed to. of the Detroit River some years ago made it necessary for the The bill was reported to the Senate as amended, and the Government to obtain a right of way, or a strip of land by which amendments were concurred in. they could go to and retmn from _the light-house. So they The bill was ordered to be engrossed for a third reading, read obtained a deed for that purpose. Now, it is proposed to recede the third time, and passed. this strip of land to the city of Detroit. The city, by resolution VETERINARY SERVICE OF THE ABMY. of the council, asked that this be done, and they are to main The bill ( S. 1692) to increase the efficiency of the veteri tain the road, improve it, and keep it open, of course, as a nary service of the army was considered as in Committee of the highway. Whole. Mr. BACON. The Senator did not catch the point of my The bill had been reported from the Committee on :Military inquiry. I understood all that from the reading of the bill; but Affairs, with an amendment, on page 2, line 13, after the word I understand the bill simply to deal with the question of title, "lieutenant," to strike out "mounted," so as to make the pro whereas the question of jurisdiction might be involved, and it viso reaq: -usually is involved, when there has been action under which the P1·ovided further, That veterinarians now in the army who have Government gets a piece of property within a State. Even if served honorably and faithfully as such not less tha.n fifteen years shall the Government builds a court-house or anything else the be the first persons ellgible to appointment under the provisions of this act and may be appointed without regard to any of the restrictions jurisdiction over the land is ceded to the United States. I did thereof, and if any such veterinarians now in service shall have reached not know-and I asked for information-what was the origin the age of 64 years before the approval of this act the President may of this title, whether it was a title which was reserved to the appoint them veterinarians and immediately place them on the retired United States when the Territory was converted into a State, list with the retired pay of a first lieutenant. or whether it had ever been formally ceded by the State of The amendment was agreed to. Michigan to the United States Government. It seems to me Mr. W .A.RREN. I think the word " mounted" occurs in other that a bill of this kind ought to be definite and precise on that places in the bill. I ask that it be struck out wherever it oc subject, because a great deal may depend upon the question of curs in the bill. jurisdiction. Criminal questions will be dependent upon it, and The PRESIDING OFFIOER. Without objection, it is so all that; and, for that reason, I asked the qµestion of the Sena ordered. tor from Michigan, whether the governmental jurisdiction over Mr. ROOT. I should like to ask the Senator :from Wyoming this strip of land had ever been ceded by the State of Michigan what the effect of this bill is as to the capacity of the veteri to the Government of the United States. narians for promotion? Wh.at rank does this bill throw open to Mr. BURROWS. My understanding is from the report that the veterinarian? it has been ceded. Mr. WARREN. In one sense it gives no rank as such to Mr. BACON. Well, if it has been ceded, Mr. President, the them. It gives the pay and allowances of a second lieutenant question of a recession ought to be stated with more definite for the first ten years; and after that and with a proper ex precision. amination the pay, and so forth, of a first lieutenant. The bill Mr. BURROWS. The Government of the United States ob provides for taking in the old veterinarians or contract veteri tained title to this strip of land-the Senator understands that nary surgeons and employees after passing proper ex:amina tion for the purposes of this light-house, to go to and from the light a few of the oldest ones without examination. .A.s to the new house. The city has grown until this strip of land comes within class admitted, the bill provides the age at which they shall be the city, and now it is proposed that this shall be turned over admitted; that they must be graduates of a veterinary college; to the city, at the request of the city, as a public highway. that they must pass a prescribed army examination; that they Mr. BACON. I understand that fully, but I am extremely must have served ten years as second lieutenants before being unfortunate that I can not convey my idea to the Senator from promoted to first lieutenants, and they go no higher than first Michigan. I wanted to know whether jurisdiction over this lieutenant during their service. property has ever been ceded by the State of Michigan to the Mr. ROOT. The Senator is satisfied, I assume, that the ex United States. pression- Mr. BURROWS. The jurisdiction of course goes back to the All veterinarians so appointed shall be on the same footing &s that city. of commissioned officers of. the army in respect to tenure of appoint- The bill was reported to the Senate without amendment, or ment, retirement, pensions, increase of pay- · dered to a third reading. read the third time, and passed. is so limited by the specific provisions of the bill that it can not OMAHA TRIBE OF INDIANS. apply to increase in rank? Mr. WARREN. I will say to the Senator I have depended The bill (S. 4179) authorizing the Omaha tribe of Indians to upon the War Department, and that is the language, as I under submit claims to the Court of Claims was considered as in Com stand it, approved by tb.e Secretaries of War who succeeded mittee of the Whole. the Senator from New York. I have assumed, and I think from The bill was reported from the Committee on Indian Affairs the language that it does, that it provides what I have said of it with amendments. as to pay, increase of pay, and tenure of office; that is, the The first amendment of the Committee on Indian Affairs was, length of office, retirement, pension and allowances. on page 2, line 9, after the word " thereon," to insert " with Mr. PAGE. I should like to ask the Senator from Wyoming authority to allow interest upon such items as the court shall if this adds another line of those who are to be retired on half deem proper,'' so as to read: pay, or is the old law in regard to this matter simply reenacted? That all claims of whatsoever nature which the Omaha tribe of Mr. WARREN. Mr. President, this is the condition: l!...,or Indians may have or claim to have against the United States shall be merly, when we had but few regiments of cavalry, but a small submitted to the Court of Claims * * • ; and jurisdiction Is hereby conferred upon the Court of Claims to hear and determine all legal and artillery force, and the days of horse doctors, bleed.Ing, condition equitable claims, it any, ot said Omaha tribe against the United States, powders, and so forth, rather than regular veterinary 1mrgeons, 1910. CONGRESSION.AL RECORD-SENATE. 2959 we ·employed men .as employees, to be hired .and discharged at not entitled to a pension; be ls not entitled to be retired, and will. This was nnsatis:factory and most expensive i:n the losses hereafter he will be entitled to quarters, to a pension, and be <>f hoTse and mule stock. Some yea.rs ago~ I should say -perha.ps entitled to all the 'Privileges of a commissioned officer. fifteen, possibly ten, we provided for an examination of the force Mr. WARREN. Not all the privileges. of men that were then -employed, and provided that those who Mr. CLAX. That is, those appointed after the passage o! this passed the ex:amination should become second lieutenants, so , act ta.r as concerns the pay, and so forth, exactly as this bill pro Mr. WARREN. Except be has no rank with other officers tides ;-that the -Others should remain employees. · when he is with them. But the Senator is both right .and This bill goes a little further. It provides-and it is a mat wrong. A part of the present force are already virtually sec ter of only 42 men altogether proposed for the ien.tire veterinary ond lieutenants y an act of some twelve or fifteen years ago. force-for an -expense~ in addition to the present expense, of not Still another part-are employees or .contract surgeons who have tQ exceed $2,700 per annum until after ten years shall have · none .of the privileges that the Senator has enumerated. • expir-ed f.or the second lieutenants, when there will be more of Mr. CLAY. Can the Senator give any idea as to how much them~ -0f course, as first lieutenants than there :are now. annual expense it will add to the expenditures of the War De But when the change is made it does away with the contract partment? I mean not only considering those who will avail .surgeons and the necessity for contract surgeons and employees, themselves .of the benefits of this act, but appointments that .and substitutes a regular corps, wMch, after providing for the may be made hereafter; :about what additional expense annu pr ent force, is to be only recruited fr.om young men under ally will be entailed upon the Government of the United States? 21 years .of age, who haye been graduated from some reputable Mr. WARREN. W.e have a computation, over the signature weterinary eollege and who .shall be examined and -pass under of Mr. Taft, as Secretary of War, in which he states that if all the army requirements. These then enter upon the service ancl the veterinarians having mo.re than ten years' service and the s&Te :ten yea:rs as second lieutenants, and then, :after another additional veterinarians be appointed under the proposed bill, successful .examination, may be promoted and receh'"e the i>ay of the increased annual expense would be not to exceed .$2.,700~ first lieutenants, retiring finally as first or second lieutenants, The only further expense would arise from the increased pay of as the case may be. such veterinarians as would .become entitled to it :after ten Mr. GALLINGER. The Senator from Wyoming is aware, years' service. This · bill makes them then first lieutenants, but it is well enough to put it in the REOORD, that the require which rank they did not hav.e before. · ments of veterinary colleges to-day are quite as exacting .as Mr. CLAY. I understand. tho e of our best medical colleges. These men have to go The bill was 1r.eported to the Senate -as amended, and the through a eurriculum of the same le:ngth, studying substantially amendments were concurred in. the same subjects, in addition to whieh they get, -0f cour~ in The bill was -Ordered to be engrossed for a third reading, .read 'St:ruction in the treatment of animal.a particularly. But ·when the third time, and passed. a man is gradaated from a veterinary college to-day he has giTen as much time and as much money to acquh>-e his education EXECUTIVE SESSION. .as a young man who .is graduated from one -0f onr very best 1i'lr. GALLINGER. I move that the Senate proeeed to the medical colleges. consideration o:f executive bus'iness. Mr. WARREN. .And with the nnmber of horses and the The .motion was agreed to, and the Senate _proceeded to the number of mules emi>loyed now in the army the salary of these consideration of ex-eeutive business. After three minutes spent men is ·a mere bagatelle compared with the losses that may in executive session the doors were reopened, and (at 4 o'clock occur unless the army has a competent f-erce of medical .men to and 30 minutes p. m.) the Senate :adjolil'Iled· until to-morrow, attend the :animals. · Thursday, ·March 10, 1910, at 12 o'd.ock meridian. Ir. PAGE. The .only point I wish to raise .is whether we are ;placing upon the retired list a large number of men who have acted as veterinarians and whom :this bill proposes to pension. NmIINATIONS. Ir. WARREN. Now. I see what the Senator is probably Ea:ecutwe nominations recei-i;ea 011 the Senate March 9., 1910. drirlng ut. This bill places .no one upon the retired list -0r ~'pension roll/' as the Senator terms it, .except he shall an-ive at · JUDGES -OF THE CoURT OF CUSTOMS APPEALS. the proper -age and shall .have done the proi>er service, with the .Robert M. Montgomery, of .Michigan, to be presiding judge exception of two men, one .of whom .is now 14 -0.r 75 years old .of the court -0f .customs appeals, .as pr-0Yided by the act approved and the other 69 t<> 71. One has served nearly ftfty years, the August -5, 1909. th.er has served just a little more 'Or less than forty years. William H. Hunt, of Montana, to be associate judge tOf the They are kept in the service as hired m1m beeause -of their very eourt of customs appeals, as ,provided by the act approved Au valuable services · in -passing upon purchases of horses. The gust 5, 1909. department wishes to retain them in that service and the bill James F. Smith, of California, to be associate judge of the provides that these two may be retired. Undoubtedly these two court of customs appeals, as provided by the act .approved Au would be immediately ea.lied back into active ser:vice under the gust 5, 1909. law .on account of their ripe and varied experience, so valuable Orion M. Barber, of Vermont, to be associate judge of the in assisting our purchaSing 'Offieers. court of c.us.toms appeals, .as provided l>y the act .approv.ed Au Ir. PAGE. But in the bill it is i>r-0Tided that young men may gust 5, "1909. enter under ·27 :and when they continue until they a.re 64 yeai·s Marion De "Vries, of Californi-a, to be associate judge of the 'Of age-- court of customs appeals., as provided by the act approved Au- 1\Ir. WARREN. They get the same retirement as first or gust .5, · woo. · second lieutenants in the army. Mr. PA.Gill That is all right and very properA APPOINTMENT IN THE ARMY, Mr. WARREN. But they ran not go higher than :the office COAST ARTU IE:Ry CORPS. ·of first lieutenant. William Nichols Porter, of Ohio, late midshipman, United Mr. P AG.El. I should like to know how many ther.e :are to States Navy, to be second lieutenant in the Coast Artillery day 50 or 60 years old who have not been commissioned :and Oorps, with rank from March 8, 1910. who may be commissioned under this bill, and in fiv-e or ten ~ears passed to the retired list under this bill at half pay. P.BOMOTIONS IN THE NAVY. Mr. WARREN. They are au comparatively young men, aside Capt. John B. Milton -to be a rear-adm.ira.1 in the navy from from the two I have mentioned. the 9th day of January, 1910, vice Rear-Admiral Willia.ID W. Mr. PAGE. How many men will this bill affect as to re Kimball, retired. tiring .on half pay? Mr~ WARREN. I do not Jmow that it aff-eets any